006.01 Except as
otherwise provided by statute, the Department shall automatically schedule a
hearing on all applications referenced in Section 002.01 through 002.13 of this
Rule. Hearings on applications referenced in Sections 002.14 through 002.30 of
this Rule shall be scheduled if the Director determines the financial condition
of an applicant warrants a hearing, if notice of the filing of an application
has been published and substantive objections, if any, are timely filed with
the Department, or if the Director otherwise determines a hearing would be
appropriate.
006.02 The time and
place of an application hearing will be set according to the following
restrictions:
006.02A A hearing on an
application for a bank charter will be set and notice given in accordance with
Section
8-115.01.
006.02B A hearing on an application to
organize a credit union shall be set and notice given in accordance with
Section
21-1725.01.
006.02C A hearing on an application for a
license to operate an installment loan company shall be set and notice given in
accordance with Section
45-1006.
006.02D A hearing on an application filed
pursuant to Section
8-403 or Section
8-403.01 will be set and
notice given in accordance with Section
8-403.01.
006.02E A hearing on an application for a
delayed deposit services business license shall be set and notice given in
accordance with Section
45-907.
006.02F In the case of applications for
charters, licenses or certificates filed pursuant to Sections
8-120,
8-201,
8-331,
8-372,
8-403, and
8-1510,
the hearing date shall be at least 30 days after the date of the last
publication of notice, and not more than ninety days after the filing of a
substantially complete application, unless the applicant agrees to a later
date.
006.02G In all proceedings
for which there does not exist a statute or specific rule, setting forth
procedure for publication, setting and notice of hearing, the procedure
followed for hearing, notice and publication will be in accordance with Section
8-115.01.
006.03 Notwithstanding Sections
006.01 to 006.06 of this Rule, the hearing officer may, in his or her
discretion, grant extensions of time or continuances of hearings upon the
hearing officer's own motion or at the timely request of any party for good
cause shown.
006.03A Good cause for an
extension of time or continuance may include, but is not limited to, the
following:
006.03A1 Illness of the party,
legal counsel or witness;
006.03A2
A change in legal representation; or
006.03A3 Settlement negotiations are
underway.
006.03B A
party must file a written motion for continuance which states in detail the
reasons why a continuance is necessary and serve a copy of the motion on all
other parties to the proceedings or their attorneys.
006.03C Any party requesting a continuance
may be required to submit affidavits in support of such requests.
006.03D Only under exceptional circumstances
will requests for continuance of a hearing be considered unless submitted at
least seven days prior to the hearing date.
