Oklahoma § 6-310 - Board hearing on application - Condition - Approval Notice

§ 6-310. Board hearing on application - Condition - Approval Notice

A. Board hearing. The Board shall consider all applications

for authority to organize a state bank or trust company. If the

Commissioner has granted an earlier hearing on the application, the

Board shall review the transcript of the proceedings, if any,

including the findings of fact and conclusions of law of the

presiding officer. The Board may hear oral argument in support of

and in opposition to the written objections, if any, and shall

adopt, reject or remand the findings, conclusions and recommendation

of the presiding officer. The Board shall adopt the presiding

officer's findings, conclusions and recommendation unless it finds

the presiding officer's findings, conclusions and recommendation are

Oklahoma Statutes - Title 6. Banks and Trust Companies

not supported by the record. Remand may be for the sole purpose of

the presiding officer taking additional evidence from the

participants. Any such remand shall specifically identify the scope

and nature of additional evidence sought by the Board. Proceedings

on remand shall be conducted within the time limits set by the Board

in the manner as prescribed by the presiding officer.

The Board may adopt, reject or modify any finding of fact not

supported by the record. The Board may adopt or reject any

conclusion of law. The Board may enter such additional findings of

fact that it deems necessary or appropriate and which is supported

by the record.

In the absence of a hearing granted before the Commissioner, the

Board may adopt its own findings of fact and conclusions of law with

respect to the approval or disapproval of the application. If the

applicant or any interested party desires to obtain a transcript of

the proceedings before the Board, such person shall notify the

Commissioner in writing within ten (10) days of the Board's hearing

and must arrange for a court reporter to be present at the hearing.

All expenses of the reporter, including the furnishing of two copies

of the transcript to the Commissioner, shall be borne by the person

or persons arranging for the reporter. In the event the Board

requests a reporter to be present, expenses shall be borne by the

applicant.

B. Condition. Approval of an application for authority to

organize a state bank shall be contingent upon the proposed bank

making a bona fide application for Federal Deposit Insurance or for

membership in the Federal Reserve System.

C. Approval of an application. When approving or disapproving

an application for authority to organize a state bank or trust

company, the Board may accept or reject any findings of fact or

conclusions of law reached in an earlier hearing before the

Commissioner, or may approve or disapprove the application based on

its own findings of fact and conclusions of law. The Board must

provide written findings of fact and conclusions of law only when

required by the provisions of the Oklahoma Administrative Procedures

Act.

D. Notice. Within ten (10) days after approval or disapproval

of the application by the Board, the Commissioner shall provide

notice to all interested persons.

Added by Laws 1982, c. 204, § 11. Amended by Laws 1983, c. 73, § 4,

emerg. eff. April 29, 1983; Laws 1997, c. 111, § 29, eff. July 1,

1997; Laws 2002, c. 67, § 10, eff. Nov. 1, 2002; Laws 2005, c. 48, §

10, eff. Nov. 1, 2005.