§ 23-51-112 - Commissioner hearings -- Appeals. - Arkansas Statutes

23-51-112. Commissioner hearings -- Appeals.

(a) This section does not grant a right to a hearing to a person that is not otherwise granted by governing law. A hearing before the Bank Commissioner that is required or authorized by law may be conducted by a hearing officer on behalf of the commissioner. A matter made confidential by law must be considered by the commissioner in a closed hearing.

(b) The commissioner may convene a hearing to receive evidence and argument regarding any matter before the commissioner for decision or review under this chapter.

(c) No person shall appear in opposition to the application unless such person shall have filed a written protest pursuant to 23-51-108 and paid the applicable fee.

(d) At the hearing all organizers of the proposed state trust company and any person making a timely written protest against the application may appear. The attorneys for any such person may appear and be heard.

(e) The commissioner may subpoena witnesses on his own motion or on the request of any party to the proceedings.

(f) The admission of evidence at such hearing shall be controlled by 25-15-213. The parties shall have the right to cross-examine witnesses. Official notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts within the commissioner's specialized knowledge. The parties may bind themselves by stipulation.

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

(h) The commissioner shall render his decision in writing, at or after a hearing, which decision shall include the commissioner's findings of fact and conclusions of law.

(i) (1) The time for filing a petition for judicial review under the Arkansas Administrative Procedure Act, 25-15-201 et seq., shall run from the date the final decision of the commissioner is mailed or delivered, in written form, to the parties desiring to appeal.

(2) The hearing of such a petition for review will be advanced on the docket of each reviewing court as a matter of public interest.