Ga. Comp. R. & Regs. R. 80-8-1-.06 - Meetings
(1) The Department
of Banking and Finance has no governing board. It holds meetings to approve
proposed rules. Such proposed rules are distributed from time to time in a
special edition of the Department's bulletin to all affected entities regulated
or supervised by the Department, and any other parties who have requested the
bulletin. At least 30 days is given for the Department to receive comments. A
notice giving the time and place (generally, the offices of the Department) for
a meeting to finally approve or disapprove the proposed rules is given. Such
meeting is held and following the approval of the rules in final form, such
rules are again distributed. The public is invited to this final meeting,
although comments during the comment period are encouraged, and the Department
thoroughly reviews and evaluates all submitted comments.
(2) Notice of other matters such as
applications for a new charter and other applications are published in the
Department's monthly bulletin. Applications may require the applicant to
publish a legal notice. The notice may request comments to be made to the
regulator(s). The Department gathers comments on these applications and if
necessary and requested, may hold a public hearing on an application (DBF Rule
80-1-1-.05). Information contained in
applications is confidential except as provided in DBF Rule
80-1-11-.01. Public comment is
encouraged in accordance with statutes and regulations in a format which
recognizes the need of the Department of Banking and Finance to receive the
highest quality of factual information and points of view precedent to its
taking action as well as the confidential and proprietary nature of certain
portions of that information. A final decision on an application is made by the
Commissioner or his delegate and no meeting is held.
(3) Final actions taken by the Commissioner
will, as required by law, be based upon the contents of the applications, both
public and confidential, confidential file information relating to the
applicant(s), public comment and applicant rebuttals where appropriate,
confidential investigatory findings and confidential staff recommendations.
Final action shall be recorded in minutes maintained by the Department and
available for public inspection following the decision.
(4) In the course of fulfilling statutory
responsibilities, the Commissioner or his designee will from time to time meet
with Department of Banking and Finance personnel, representatives of other
state and federal regulatory agencies, representatives of supervised
institutions or proposed institutions, and customers of such institutions.
Final action of a remedial or disciplinary nature may be taken at such
meetings. Such meetings whether in consideration of statutory actions,
supervisory actions, or remedial consultation shall be deemed confidential and
not open to the public pursuant to the provisions of Section
7-1-70, O.C.G.A.
Notes
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