Wyo. Code R. 021-0002-3
Banking Division
Chapter 3: Procedures for State Savings & Loan Assoc. Branch Applications
Effective Date: 06/04/1985 to 10/02/2001
Rule Type: Superceded Rules & Regulations
Reference Number: 021.0002.3.06041985
Section 1. Authority. The State Banking Commissioner, pursuant to the authority delegated to him by Section 13-7-102, Wyoming Statutes 1977, prescribes the rules for branch applications for state savings and loan associations pursuant to the Wyoming Administrative Procedure Act. (W.S. 16-3-101 through 16-3-115).
Section 2. Scope. The regulations contained herein shall apply to all state savings and loan association branch applications procedures by which the State Banking Commissioner may reach informed decisions with respect to said applications, in which case the State Banking Commissioner shall be the sole judge as to whether or not a branch shall be granted. These procedures provide a method by which all persons interested in said applications may present their views. Nothing contained herein shall be construed to prevent interested persons from presenting their views in a more informal manner when deemed appropriate by the State Banking Commissioner, or to prevent the State Banking Commissioner from conducting such other investigations as may be deemed appropriate.
(a) Pursuant to W.S. 13-7-102, guaranty capital stock state savings and loan associations shall have all powers authorized by the Office of Thrift Supervision for federal savings and loan associations. The State Banking Commissioner by rule or regulation may restrict or limit authority in the manner and to the extent he deems necessary.
(b) Applicant shall obtain application and notice forms and related instructions, and attached herein as Appendix A, from the Office of the State Banking Commissioner. The applicant must submit one original and one copy of the application to that office. The application shall be deemed complete when the State Banking Commissioner determines that all required information has been submitted and accepted. Notice of publication shall be made as the publication form provided in the application packet stipulates, and it is the responsibility of the applicant to publish notice of the proposed branch in a principal newspaper in the city of the main office and in the city of the proposed branch, and to furnish proof of publication to the State Banking Commissioner.
(c) The State Banking Commissioner shall give notice to the federal supervisory authority for federally chartered savings and loan associations, and to all persons who have made timely requests for advance notice of applications for savings and loan branch facilities. The State Banking Commissioner shall solicit, in whatever manner he deems appropriate, comments from each financial institution which he believes in his sole discretion might be affected by or have an interest in the pending application.
(a) Contents. The public file in each case shall consist of the application with supporting data and supplementary information, with the exception of material deemed by the State Banking Commissioner to be confidential, such as trade secrets normally not available through commercial publication, subject to review by the State Banking Commissioner and the provisions of the Wyoming Public Records Act, W.S. 16-4-201 through 16-4-205. In addition, the public file shall contain all data and information submitted by interested persons in favor of, or in opposition to such application, and all factual information contained in any field investigation report made by the State Banking Commissioner's office, excluding any material deemed by the State Banking Commissioner to be confidential.
(b) Availability to Protesting and Other Interested Persons. The public file shall be available for inspection in the Office of the State Banking Commissioner upon written request from such parties, during such periods of time as may be prescribed by the State Banking Commissioner. No documents in the public file may be removed from said office by persons other than members of the commissioner's staff. Photocopies shall be available upon request by interested parties, at a reasonable cost.
Section 5. Written Comments and Requests for an Opportunity to be Heard. Within ten (10) days after the notice of publication described in Section 3(b) of this Chapter, any interested person may submit to the State Banking Commissioner written comments concerning the application and/or written request for an opportunity to be heard before the State Banking Commissioner or his designee. This time may be extended by the State Banking Commissioner in his sole discretion if the applicant has failed to file all required supporting data in time to permit review by interested persons or for other extenuating circumstances.
Section 6. Place of Hearing. Persons submitting a request described in Section 5 of this Chapter shall be given an opportunity to be heard in Cheyenne, Wyoming. The State Banking Commissioner, in any matter reserves the right to conduct hearings at any location he deems appropriate. Electronic means of recording the hearing proceedings shall be employed unless any of the parties object thereto and desire to furnish a Court Reporter at their own expense. The objecting parties shall provide a copy of the transcript to the State Banking Commissioner and obtain copies of said transcript at their own expense.
(a) Date. An opportunity for hearing shall be given as soon as practical after requested or ordered.
(b) Contents. The State Banking Commissioner, when notifying interested persons of the scheduling of an opportunity to be heard shall set forth in the notice, the subject matter of the application and the date, time, and place at which the opportunity to be heard shall be afforded. Publication shall be made in a newspaper of general circulation in the county in which the main office is located and in the county where the proposed branch is to be located, at least once a week for three (3) consecutive weeks before the hearing.
(c) To Whom Sent. The notice described in Section 7(b) of this Chapter shall be sent to the person or persons requesting the hearing, the applicant, and to other interested persons who have sent written comments to the State Banking Commissioner, or to all persons who have made timely requests of the State Banking Commissioner for advance notice of branch application hearings.
(a) At a time not less than seven (7), nor more than fifteen (15) days prior to the scheduled hearing, a prehearing conference may be held. Reasonable notice of the time and place of the prehearing conference shall be given by the State Banking Commissioner by mailing an order for prehearing conference to counsel of record for the applicant, any known protestants, and to all savings and loan associations in the general business area in which the proposed branch is to be located.
(b) At the prehearing conference the applicant and the protestants shall:
(i) Deliver to each other a list of the names and addresses of the witnesses whom the parties intend to call to testify at the hearing, together with the witnesses qualifications and a brief summary of the testimony intended to be elicited from each witness at the hearing; and
(ii) Make available for inspection by opposing counsel and parties the original, or furnish to opposing counsel and parties true copies of all exhibits, feasibility studies, economic surveys, maps, drawings, and other documentary evidence which such party proposes to use at the Hearing.
(iii) Except with the consent of the applicant and all other interested parties, no witnesses shall be called at the Hearing except those specified at the prehearing conference, and no documentary evidence shall be received unless produced at the prehearing conference in accordance with this rule.
(iv) Determine matters, if any, of which the State Banking Commissioner will be requested to take judicial notice pursuant to W.S. 16-3-108(d).
Section 9. Attendance at Hearing. Within five (5) days after the date of the notice described in Section 7 of this Chapter, each person who wishes to be heard shall notify the State Banking Commissioner of his intention to attend and shall submit the number and names of witnesses he wishes to present.
Section 10. Presiding Officer. When an opportunity to be heard is being afforded, the presiding officer shall be the State Banking Commissioner, his designee, or such person as may be named by the State Banking Commissioner. The presiding officer shall have the authority to appoint a panel to assist him.
(a) In all hearings before the State Banking Commissioner or his designee, the application for a state savings and loan association branch shall present its case first. Other parties may thereupon present witnesses and other evidence. Witnesses will be subject to cross, redirect and recross examination in the order prescribed by the State Banking Commissioner or his designee. The State Banking Commissioner or his designee shall, upon application of any party, issue a subpoena requiring the appearance of witnesses for the purpose of taking evidence or requiring the production of any books, papers or other documents relevant or material to the branch application.
(b) The State Banking Commissioner or his designee may in his discretion call for the production of further evidence upon any issue, and may also produce independent evidence which he deems material to the issues or necessary to complete the record. The rules of evidence set out in W.S. 16-3-108 shall apply to all proceedings.
(c) The State Banking Commissioner, or his designee shall determine all procedural questions not governed by this Chapter. The State Banking Commissioner and the presiding officer shall each have the authority to limit the number of witnesses to be used by any party and to impose such time limitations as he shall deem reasonable.
(d) The public file described in Section 4 of this Chapter, shall automatically be deemed a part of the record of these proceedings as well as all evidence submitted pursuant to Section 11(b) and the transcript described in Section 5 of this Chapter.
Section 12. Closing of the Public File. If requested by any participant, the public file shall remain open for five (5) days following receipt of the transcript by the State Banking Commissioner during which time the applicant and protestant may submit additional written statements. A copy of any statement so submitted during this period of time shall also be sent simultaneously to the other persons represented at the Hearing.
Section 13. Retained Authority. The State Banking Commissioner may adopt such different procedures as he deems necessary and reasonable in acting upon any particular application.
Section 14. State Banking Commissioner’s Decision. The applicant and all persons so requesting in writing shall be notified of the final disposition of the application by the State Banking Commissioner.
Section 15. Computation of Time. In computing any period of days provided for in this Chapter, the day of the act from which the period begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next business day which is not a Saturday, Sunday or legal holiday. As used in this Section, “legal holiday” is pursuant to W.S. 8-4-101.