Current through Register Vol. 54, No. 12, March 23, 2024
(a)
Submission of applications for
new locations. Regardless of whether the check casher applicant is
otherwise licensed or conducting check casher business at any location in this
Commonwealth by April 19, 1998, an applicant may commence a check casher
business at a new location after April 19, 1998 (new location) only upon
receipt of a license from the Department for the new location. For an
application for a new location received by the Department prior to January 1,
1999, the Department will have up to 6 months from receipt to process the
application. This statement is consistent with section 1104(a) of the act
(63
P. S. §
2334(a)), which
provides the Department with the 6-month review period for the new location
applications. For a license application received by the Department on or after
January 1, 1999, the Department will have 60 days from receipt to process the
application.
(b)
Publication and public comment. The applicant for a new
location is required to cause notice of the application to be published in a
newspaper having generalcirculation in each community in which the applicant
intends to initially locate, under the following conditions:
(1) Once the Department receives, reviews and
deems an application form to be complete, the applicant will be notified in
writing.
(2) Within 10 days of
receipt of that written notification from the Department, the applicant shall
have a separate notice of the application published in a newspaper having
general circulation in the community in which the applicant intends to locate.
The form of notice to be published is provided to the applicant with the
application forms.
(3) Within 30
days of publication of the notice of application in the required newspaper, the
applicant shall provide a copy of the newspaper notice and publisher's
affidavit to the Department. The newspaper notice and publisher's affidavit may
be provided to the Department either through the applicant or directly from the
newspaper.
(4) Failure of an
applicant to cause the newspaper notice of the application to be published
within the 10 days shall cause the Department to return the application, at
which time the Department will terminate the application process and commence
the process of returning the application fee to the applicant.
(5) Failure of an applicant to cause to
provide a copy of the newspaper notice and publisher's affidavit to the
Department within 30 days of publication shall cause the Department to return
the application, at which time the Department will terminate the application
process and commence the process of returning the application fee to the
applicant.
(6) In the case of
paragraph (4) or (5), the applicant may refile the application with the
Department at which time the entire application process begins anew.
(7) Provided the application has not been
returned to the applicant under either paragraph (4) or (5), the following
procedure is authorized by section 304 of the act (63 P. S. §
2314). Within 30 days of the date of
publication of notice of the application (public comment period), a person may
file a notice in protest or in favor of the application (public comment) by
submitting two copies of the public comment to the Department. The applicant
may request a copy of the public comment and may file with the Department an
answer to any public comment by submitting two copies of the answer to the
Department within 10 days of the end of the 30 day public comment
period.