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23-51-112. Commissioner hearings — Appeals.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 the 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 or her own motion or on the request of any party to the proceedings.
(f) The admission of evidence at the 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 or her decision in writing, at or after a hearing, which decision shall include the commissioner's
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-51-112
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:23-51-112
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 354a8170155c260b2e280222e88d6b57ec4bff20136b44ad0ac6d194bdc4dcce
Source location: content.xml paragraph 25416
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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 the 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 or her own motion or on the request of any party to the proceedings.
(f) The admission of evidence at the 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 or her 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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-51-108. Hearing and decision on charter application.
(a) No person shall appear in opposition to the application unless the person shall have filed a written protest to the granting of the application within thirty (30) days of the date of the notice of the filing of the application. The protest must state the grounds for objection and 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 rule promulgated by the Bank Commissioner.
(b) Once the written report of investigation has been completed, the commissioner shall establish a time for hearing on the charter application.
(c) Notice of the time, place, and purpose of the hearing shall be given at least thirty (30) days before the hearing as follows:
(1) By letter from the commissioner to the organizers of the proposed state trust company and to each trust institution to which the organizers of the application are required to give written notice pursuant to § 23-51-107(a);
(2) By letter from the commissioner to each person who has notified the commissioner of an intention to oppose the application, provided that if a group of persons has protested the application, the notice may be given to one (1) member of the group; and
(3) By release to news media.
(d) If the commissioner sets a hearing, the commissioner shall conduct a public hearing and as many prehearing conferences and opportunities for discovery as the commissioner considers advisable and consistent with applicable law and rules.
(e) Based on the record of any hearing conducted pursuant to subsection (d) of this section, the commissioner shall determine whether all of the necessary conditions set forth in § 23-51-106(b) have
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-51-108
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 23-51-108. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-201. Title.
This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-201
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 25-15-201. This identifies an authority to review, not proof of applicability.
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.