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09.03.03.00.htm 09.03.03.00. Title 09 MARYLAND DEPARTMENT OF LABOR Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION Chapter 03 Procedure for Handling Applications Authority: Financial Institutions Article, §2-105.1; Title 3, Subtitles 2 and 7; Title 5, Subtitle 10; and Title 6, Subtitle 2, Annotated Code of Maryland
09.03.03.01.htm 09.03.03.01. 01 Scope.. Regulations under this chapter contain procedures by which the Commissioner of Financial Regulation of the State of Maryland may reach informed decisions with respect to:A. Applications to charter state banking institutions and credit unions pursuant to Financial Institutions Article, Title 3, Subtitle 2, and Title 6, Subtitle 2, Annotated Code of Maryland;B. Applications by banks for merger or consolidation pursuant to Financial Institutions Article, Tit
09.03.03.02.htm 09.03.03.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Hearing panel" means the Presiding Officer and other individuals designated by him to hear the case; however, the decision shall be made by the Presiding Officer.2) "Presiding Officer" means the Commissioner of Financial Regulation or the Deputy Commissioner when acting pursuant to Financial Institutions Article, §2-103(e) Annotated Code of Maryland (Deputy Co
09.03.03.03.htm 09.03.03.03. 03 Publication.. Within 30 calendar days after an application is filed with the Commissioner of Financial Regulation, he shall publish in the Maryland Register a notice containing the name of the applicant, its proposed location, the subject matter of the application, and the date upon which the application was filed.
09.03.03.04.htm 09.03.03.04. 04 Solicitation of Comments.. In addition to publication under Regulation .03 of this chapter, the Commissioner of Financial Regulation may solicit comments from each person or organization he believes has information concerning the application.
09.03.03.05.htm 09.03.03.05. 05 Comments and Request for a Hearing.. Any interested person or organization may submit to the Commissioner of Financial Regulation written comments concerning the application. These comments and all requests for a hearing should be received by the Commissioner of Financial Regulation within 20 calendar days from the date of publication under Regulation .03 of this chapter.
09.03.03.06.htm 09.03.03.06. 06 Public Information.. The Commissioner's file on the application shall include all information received from any person or organization in regard to that application. The information available for public inspection consists of that portion of the file which may be disclosed under State Government Article, Title 10, Subtitle 6 (Access to Public Records) and Financial Institutions Article, §5-209 (Confidentiality of Information) Annotated Code of Maryland.
09.03.03.07.htm 09.03.03.07. 07 Scheduling of a Hearing.. The Commissioner of Financial Regulation may schedule a hearing on the application in the following instances:A. Upon a request made within the time limit set forth in Regulation .05 of this chapter by a person or organization other than the applicant, unless the Commissioner of Financial Regulation finds that the objections raised to the application are frivolous and insubstantial;B. Upon specific request of the applicant in the application; or.
09.03.03.08.htm 09.03.03.08. 08 Notice of Hearings.. If a hearing is scheduled, at least 20 calendar days before the scheduled date of the hearing, notice shall be mailed to:A. The applicant;. B. Those who made a timely request for a hearing under Regulation .05 of this chapter; and. C. Other persons designated by the Presiding Officer..
09.03.03.09.htm 09.03.03.09. 09 Hearing Rules.. A. Only the persons or organizations receiving notice under Regulation .08 of this chapter are parties to the hearing.B. All hearings shall be open to the public.. C. Each party to the hearing shall be permitted to make a short opening statement outlining his position.D. Following the opening statements, the applicant and then each of the other parties to the hearing shall present its data and materials, oral and documentary.E. Each party is responsi
09.03.03.10.htm 09.03.03.10. 10 Decision.. If a hearing is held, the Presiding Officer shall state his decision and reasons for it in writing. A copy of the decision and reasons shall be mailed to all parties.
09.03.03.11.htm 09.03.03.11. 11 Retained Authority.. If the Presiding Officer in his sole discretion determines that the operation of any of the aforegoing rules in a particular case would not aid him in fulfilling his statutory duties, and if he shall also determine that the suspension or modification of the rule in question would not prevent him from handling the application in an efficient and orderly manner, he may suspend or modify the rule accordingly and shall so notify the parties.
09.03.03.9999.htm 09.03.03.9999. Administrative History Effective date: January 14, 1976 (3:3 Md. R. 146). Regulation .01 amended effective July 9, 2012 (39:13 Md. R. 785). Regulations .07 and .11 amended effective March 9, 1977 (4:5 Md. R. 372).
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