Ohio § 1117.02

§ 1117.02.

(A) A bank with its principal place of business in this state proposing to establish

a banking office shall submit an application to the superintendent of financial institutions.  The superintendent shall determine whether to accept an application for processing

within ten business days after receiving the application.  The superintendent shall approve or disapprove the application within sixty days

after accepting it unless approval is withheld under division (E) of this section. (B) If the superintendent accepts the application, the bank shall, within ten days after

receipt of the superintendent's notice of acceptance, publish notice of its proposed

banking office in a newspaper of general circulation in the county where the proposed

banking office is to be located and in the county where the bank currently maintains

its principal place of business.  The notice shall state that comments on the proposed banking office must be delivered

to the division of financial institutions within fourteen days after the date the

notice is published, and shall provide the division's address. (C) If the superintendent determines any comment delivered to the division regarding

a proposed banking office is relevant to the criteria set forth in this section for

approval of a banking office, the superintendent shall investigate the comment in

any manner the superintendent considers appropriate. (D) In determining whether to approve a proposed banking office, the superintendent shall

consider all of the following: (1) The adequacy of the bank's management; (2) The adequacy of the bank's capital; (3) The effect establishment of the banking office will have on the interests of the

bank's depositors and shareholders or members; (4) The bank's lending record in helping to meet the credit needs of its entire community,

including low- and moderate-income neighborhoods, consistent with both the safe and

sound operation of the bank and the “Community Reinvestment Act of 1977,” 91 Stat.

1147, 12 U.S.C. 2901 , as amended; (5) Any other reasonable criteria the superintendent may establish. (E)(1) If the superintendent determines, upon consideration of the criteria set forth in

division (D) of this section, that the banking office should otherwise be approved,

but the bank's lending record is not satisfactory in helping to meet the credit needs

of its entire community as prescribed in division (D)(4) of this section, the superintendent

shall withhold action on the application for the banking office and shall notify the

bank of that decision.  The bank shall, within sixty days after receipt of the notice from the superintendent,

submit to the superintendent a written affirmative action lending program, which shall

be a public record.  The superintendent shall, within thirty days after receipt of the affirmative action

lending program, determine whether the program is acceptable.  If the program is not acceptable, or the bank fails to submit an affirmative action

lending program within the sixty days, the superintendent shall disapprove the banking

office.  If the affirmative action lending program is acceptable, the superintendent shall

approve the banking office. (2)(a) In order to determine whether a bank is complying with its affirmative action lending

program, the superintendent may do either of the following: (i) The superintendent may require the bank to submit periodic reports that summarize

actions it has taken to implement or maintain its affirmative action lending program.  The reports shall be in a form prescribed by the superintendent, but shall not contain

any information that identifies an applicant for a loan.  The reports are public records and shall be made available to any person upon request. (ii) Upon written complaint by any person, or upon the superintendent's own initiative,

the superintendent may hold a public hearing.  The superintendent may hold no more than one hearing every two years on each affirmative

action lending program. (b) If the superintendent determines, as a result of findings made under division (E)(2)(a)

of this section, that a bank is not in compliance with its affirmative action lending

program, the superintendent shall order the bank to comply within a period of time

determined by the superintendent.  Failure to comply with that order shall be a violation of a condition imposed by

the superintendent for purposes of sections 1121.32 , 1121.33 , 1121.35 , and 1121.41 of the Revised Code . (3) As used in division (E) of this section, “ affirmative action lending program ” means a program to remedy any deficiency of a bank in helping to meet the credit

needs of its entire community.