- (a) Within 10 days after receiving any statement of intention to appear in person or by attorney to protest the application and required fee, the commissioner shall set a date for a hearing on the application, which date shall not be more than 60 days after the date the statement and fee are received. When requested by the proposed incorporators, a hearing shall be held on the application even though there are no persons who have indicated a desire to be heard against it. A hearing is not required if the proposed incorporators have not requested a hearing and no party has expressed intent to protest. Should a hearing be required, notice will be provided to interested parties in accordance with applicable laws and regulations.
- (b) The purpose of the hearing shall be to accumulate a record of all pertinent information, testimony, records, reports, and other data in favor of, or opposed to, the application upon which the commissioner shall make a determination of whether the application should be granted or denied. The commissioner may, using personal discretion, make an independent investigation of matters raised in the hearing and, in the event the commissioner desires to base a decision on any evidence disclosed by such investigation which is not a part of the official record, the commissioner shall make the results of such investigation a part of the official record of the hearing and permit all parties to the hearing an opportunity to be heard in respect thereto by reopening the hearing, if necessary. This shall be done within 30 days after the date of the original hearing.
- (c) If any material change occurs in the facts set forth in, or if the applicant files any amendment of, the application filed with the commissioner under the provisions of this chapter, the amendment setting forth such change, together with copies of documents or other material relevant to such change shall be filed with the commissioner prior to the publication of the notice of charter application. Any amendment filed thereafter shall be accepted only at the discretion of the commissioner. The commissioner may require additional publication of the amendment to the application.
Source Note:The provisions of this §75.2 adopted to be effective September 23, 1993, 18 TexReg 6094; amended to be effective May 5, 2016, 41 TexReg 3114.