California Code of Regulations
Title 10 - Investment
Chapter 2 - Savings and Loan Commissioner
Subchapter 3 - Applications and Hearings
Article 1 - Applications and Hearings: New Facilities, Branches, Changes of Location, Agencies, Conversions from a Federal to State Association, Changes of Name and Amendments of Articles of Incorporation
Section 103.120 - General Procedures for Processing Applications

Universal Citation: 10 CA Code of Regs 103.120

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Applications, Amendments. Applications shall contain information to permit a determination without further amendments or additions. The application shall have all information required in the commissioner's instructions and in these regulations. Amendments or additions to the application will only be permitted upon the prior approval or request of the commissioner.

(b) Distribution of Additional Copies to Parties of Record. In addition to the copies of the application filed with the commissioner, each applicant shall prepare sufficient additional copies for distribution to parties of record or attorneys.

After the availability of an application for inspection as provided in subsection (h), upon receipt of a written request from a party of record, or its attorney, a copy of the application shall be mailed to the requesting party. The applicant shall not be required to furnish a copy of the application under the provision of this subsection unless the written request is received within 10 days of the date of the notice required by subsection (c) from a party of record that has an operating, approved or pending facility located within the area of preemption of the applicant's proposed facility, as specified in Section 103.103(a).

(1) A notice of filing shall be mailed by the commissioner to the applicant and to each association existing in this state stating that an application has been filed.

The first notice for a new association will show the date, time and place of the public hearing. If a hearing is scheduled for a branch application or a change of location, a notice of hearing will be placed in a subsequent Weekly Notice of Filings, Hearings and Decisions on Applications and Licenses.

(2) Within 10 days of the date of the mailing of the notice of filing the applicant shall publish a notice of filing of the application in substantially the form set out in subdivision (A) or (B), in a place prominent to the general readership in a newspaper, not exclusively a legal journal, of general circulation (as defined in Government Code Sections 6000 and 6008) published in the city or community in which the proposed facility is to be located. If no newspaper of general circulation is published within the city or community where the propose facility is to be located, publication shall be made in a newspaper of general circulation in the community nearest the proposed facility. The blanks in subdivision (A) or (B) are to be filled in by applicant. If the application is for a change of location of a facility, form (B) should be revised as necessary to show the present and proposed locations.

(A) "NOTICE OF FILING OF SAVINGS AND LOAN FACILITY APPLICATION (New association)

Notice is hereby given that an application has been filed with the DEPARTMENT OF SAVINGS AND LOAN relating to an application by ____________________SAVINGS AND LOAN ASSOCIATION, ____________________(Address--Home Office) for permission to establish a facility at, or in the immediate vicinity of ____________________, and ____________________, (Intersection or Street Address) City of ____________________, County of ____________________. A public hearing will be held at the Department's office at __________(Time). M., on the __________(Day) of____________________(Month), 19__________(Year), at__________(Room #), ____________________ (Address), ____________________(City).

The application is open for public inspection in accordance with the commissioner's regulations at either office of the Department of Savings and Loan of the State of California located at 600 South Commonwealth Avenue, Los Angeles 90005 (Tel: (213) 736-2785), and 350 Sansome Street, San Francisco 94104 (Tel: (415) 557-3666).

Written objections or other documents relevant to the application should be filed with the Department, and a copy delivered or mailed to the applicant,

____________________ SAVINGS AND LOAN ASSOCIATION, not later than ____________________, 19___. (20 days after date of mailing of notice of filing)

At the public hearing, any person may appear and make an oral statement during an amount of time limited by the hearing officer, which in the case of any person who has not filed prior written objections or other documents is to be limited to not more than 15 minutes in duration, or such shorter time as may be allowed by the hearing officer."

(B) "NOTICE OF FILING OF SAVINGS AND LOAN FACILITY APPLICATION (Branch)

Notice is hereby given that an application has been filed with the DEPARTMENT OF SAVINGS AND LOAN relating to an application by ____________________ SAVINGS AND LOAN ASSOCIATION, ____________________(Address--Home Office) for permission to establish a facility at, or in the immediate vicinity of ____________________ and ____________________(Intersection or Street Address) City of ____________________, County of ____________________. on the __________(Day) of ____________________(Month), 19___(Year), at__________(Room #), __________(Address), __________(City)

Written objections or other documents relevant to the application should be filed with the Department, and a copy delivered or mailed to the applicant ____________________ SAVINGS AND LOAN ASSOCIATION, not later than ____________________, 19___. (20 days after date of mailing of notice of filing)

If a public hearing is held, any person may appear and make an oral statement during an amount of time limited by the hearing officer, which in the case of any person who has not filed prior written objections or other documents is to be limited to not more than 15 minutes in duration, or such shorter time as may be allowed by the hearing officer. If a branch office hearing is scheduled, a notice will be placed in the Weekly Notice of Filings, Hearings and Decisions on Applications and Licenses. Information may be secured by calling the above phone numbers."

(3) Promptly after publication of the newspaper notice, the applicant shall file two copies with the commissioner, accompanied by two copies of the publisher's affidavit of publication.

(4) If the notice of filing is for an application for a change of location of an open facility, the applicant shall prominently display for public view a copy of the published newspaper notice in a front window of that facility.

(5) This section shall not apply to an application for a service office or an executive or administrative headquarters office, nor to an application for a change of location of a facility to a location inside its existing area.

(d) Consolidation of Competing Applications.

(1) Single Consolidations. If the commissioner receives a second application for a new facility to be located in an area of preemption of a proposed new facility contained in a pending application filed with the commissioner, the two applications may be consolidated provided:

(A) the subsequent application has been filed within 10 days after the date of the mailing of the Weekly Notice of Filings and Hearings on Applications and Licenses by the commissioner advising of the first new facility application; and

(B) the subsequent application, as of the date it is filed, is for a new facility which is not within the area of preemption of another new facility for which there is an application on file with the Board.

(2) Multiple Consolidations. If more than one application is filed in the preemption area of the original application, all such applications will be governed by the preceding paragraph. Applications filed for facilities in the preemption area of any such subsequent applications may also be consolidated with the original application, if the above criteria are met.

(e) Objectors of Record.

(1) Within 20 days after the date of the mailing of the Notice of Filing and Hearing for the original application by the commissioner, any person may file with the commissioner any documents, including briefs, in protest of the application and in protest of the application of a competing applicant who has filed an application under subsection (d) above. Documents and briefs shall contain such information as required in the instructions issued by the commissioner and such other matter or information pertaining to the application as may be material or relevant.

(2) An objector immediately upon filing the documents or briefs with the commissioner shall deliver or mail to each applicant or its attorney a copy of such documents or briefs.

(3) A document filed pursuant to this subsection shall contain an affidavit of service. This affidavit shall constitute prima facie evidence of timely filing of the document.

(f) Rebuttal of Applicants and Reply by Objectors.

(1) In the event any documents or briefs are filed in protest of the application, the applicant shall file a rebuttal to the protest with the commissioner within ten days after the last date for filing a protest pursuant to the preceding subsection (e).

(2) The applicant shall deliver or mail a copy of the documents or briefs to each objector or its attorney immediately upon filing the documents or briefs with the commissioner.

(3) An objector of record may file a reply to the rebuttal within ten days after the last date for filing a rebuttal.

(4) The objector of record must file the reply to the rebuttal with the commissioner and shall immediately deliver or mail a copy to the applicant or its representative.

(5) A document filed pursuant to this subsection shall contain an affidavit of service. This affidavit shall constitute prima facie evidence of timely filing of the document.

(g) Demonstrative Exhibits. Demonstrative exhibits (charts, maps or overlays) must contain appropriate identifying legends and must be filed with the commissioner within the time limits specified for the application or protest, but copies need not be delivered or mailed to applicants or objectors. The applicant or objector immediately after filing any such demonstrative exhibit must advise the other party in writing that such exhibit has been filed with the commissioner.

(h) Inspection of Applications and Objectors. The application together with all documents and briefs in protest shall be open to inspection by parties of record and by members of the public eleven days after the date of mailing of the Weekly Notice of Filings and Hearings advising of the new facility application.

Individual financial statements and fingerprint cards included in new association applications are not open to inspection by the public or parties of record.

(i) Availability of Working Papers. Working papers containing figures or other information used in the preparation of final accounting and statistical data submitted by a party of record shall be made available for inspection or copying to other parties of record immediately upon receipt of a written request, provided that the time for filing a competing application has expired.

1. Change without regulatory effect renumbering former Section 146.102 to Section 103.120 (Register 87, No. 14). For prior history, see Register 82, No. 16.

Note: Authority cited: Section 5255, Financial Code. Reference: Sections 5507, 5700, 6001, 6004, 6050, 8708, 9000 and 9204, Financial Code; and Sections 6253 and 6254, Government Code.

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