Ga. Comp. R. & Regs. R. 80-2-13-.03 - Notification of Filing and Protest of Charter Application
(1)
An applicant will be notified of receipt of a credit union charter application
within seven days of receipt. An applicant will also be notified of official
acceptance of the credit union charter application upon satisfaction of the
elements in Rule
80-2-13-.01(3)(b).
The applicant shall cause a notice, in such form as the Department may
prescribe, to be published in a newspaper of general circulation in the
community in which the applicant's main office is located and in a newspaper of
general circulation in any other community in which the applicant proposes to
engage in business as notification to any interested parties of their right to
comment or protest the application by delivering such comment or protest to the
Department.
(2) Publication of
notice for public comment on a credit union charter application may commence no
sooner than five (5) days prior to the date the application is mailed or
delivered to the Department. Any person desiring to comment upon or formally
protest a credit union charter application must notify the Department in
writing within 30 days of the date of the publication of the notice in
paragraph (1). The comment period may be extended if official acceptance of a
credit union charter application is delayed.
(3) All comments and any notices of intent to
protest pursuant to paragraph (2) and filed on a timely basis shall be reviewed
and considered by the Department. The Commissioner may grant or deny a request
for hearing in connection with a protest of an application. The Commissioner
shall hold a hearing if he/she determines that written comments are
insufficient to make an adequate presentation of the issues raised or if he/she
determines that a hearing would otherwise be in the public interest. If a
hearing is to be held, the protester and the applicant will be notified of a
date as established by the Department. Intention to appear at such hearing must
be filed by the protester in writing with the Department within 15 days from
date of notification of hearing date. Failure to file such intentions shall
constitute grounds for canceling any scheduled hearing.
(4) Notwithstanding other provisions of this
rule, final determination to grant, conditionally or otherwise, or deny any
application shall be in the sole discretion of the Commissioner of Banking and
Finance or his/her legally authorized representative, and such action shall be
final.
Notes
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