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23-46-406. Hearing.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-46-406. Hearing.
(a)(1) No person shall appear in opposition to the application unless the person has filed a written protest to the application within fifteen (15) days after the actual filing of the application.
(2) The 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 rule.
(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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-46-406
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:23-46-406
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8cd91db82ddeed58556565fed482769906cc6045bbccf053cef5a28233b794d1
Source location: content.xml paragraph 22172
Stored source content
23-46-406. Hearing.
(a)(1) No person shall appear in opposition to the application unless the person has filed a written protest to the application within fifteen (15) days after the actual filing of the application.
(2) The 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 rule.
(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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-213. Hearings generally.
In every case of adjudication, and in cases of rule making in which rules are required by law to be made on the record after opportunity for an agency hearing, and in cases of rule making in which, pursuant to § 25-15-204(a)(2), the agency shall direct that oral testimony be taken or a hearing held:
(1) Any person compelled to appear before any agency or representative thereof shall have the right to be accompanied and advised by counsel. Every party shall have the right to appear in person or by counsel;
(2)(A) There shall preside at the hearing:
(i) The agency;
(ii) One (1) or more members of the agency; or
(iii) One (1) or more examiners or referees designated by the agency.
(B) All presiding officers and all officers participating in decisions shall conduct themselves in an impartial manner and may at any time withdraw if they deem themselves disqualified.
(C) Any party may file an affidavit of personal bias or disqualification. The affidavit shall be ruled on by the agency and granted if timely, sufficient, and filed in good faith;
(3)(A) Presiding officers shall have power, pursuant to published procedural rules of the agency:
(i) To issue subpoenas if the agency is authorized by law to issue them;
(ii) To administer oaths and affirmations;
(iii) To maintain order;
(iv) To rule upon all questions arising during the course of a hearing or proceeding;
(v) To permit discovery by deposition or otherwise;
(vi) To hold conferences for the settlement or simplification of issues;
(vii) To make or recommend decisions; and
(viii) Generally to regulate and guide the course of the pending proceeding.
(B) In any proceeding before any agency, if any person refuses to respond to a subpoena, refuses to take the oat
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-213
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 25-15-213. This identifies an authority to review, not proof of applicability.