Rule 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.Ga. Comp. R. & Regs. R. 80-2-13-.03
O.C.G.A. §§ 7-1-7; 7-1-61, 7-1-663.
Original Rule entitled "Notification of Filing and Protest of Charter Application" adopted. F. July 12, 2024; eff. Aug. 1, 2024.