§ 23-46-406 - Hearing.

23-46-406. Hearing.

(a) (1) No person shall appear in opposition to the application unless such person has filed a written protest to the application within fifteen (15) days after the actual filing of the application.

(2) Such protest must be accompanied by a filing fee of not less than two thousand dollars ($2,000) nor more than five thousand dollars ($5,000) for each protestant, such amount to be set by State Bank Department regulation.

(b) At the hearing all persons sponsoring the application and any person making a timely written protest against the application may appear. The attorneys for any such person may appear and be heard.

(c) The Bank Commissioner will participate with the State Banking Board in the hearing.

(d) The board or the commissioner may subpoena witnesses on their own motion or on the request of any party to the proceedings.

(e) (1) The admission of evidence at the hearing shall be controlled by 25-15-213. The parties shall have the right to cross-examine witnesses.

(2) Official notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts within the board's specialized knowledge.

(3) The parties may bind themselves by stipulation.

(f) The applicant shall be responsible for procuring and paying for a verbatim record of the proceeding. It will be the duty of the applicant to furnish at least one (1) copy of the transcript to the commissioner free of charge.