Mississippi Administrative Code › Title 5 - Banking and Consumer Finance › Part 5 - STATE BOARD OF BANKING REVIEW; OFFICIAL PROCEDURES (Miss. Code Ann. Section 81-3-12(5))

Current through June 25, 2024
PUBLIC HEARINGS: APPLICATION FOR NEW BANK CHARTERS (Miss. Code
			 Ann. §
							81-3-13(1));
			 APPLICATION FOR BANK CONVERSION (Miss. Code Ann. §
							81-5-85);
			 PROTESTED BRANCH BANK APPLICATIONS (Miss. Code Ann. §
							81-7-1(4)).
BOARD APPROVAL OF CERTAIN ACTIONS WITHOUT PUBLIC HEARING (e.g.
			 Miss. Code Ann. §
							81-1-63)
(Revised and Adopted: ________________ , 2014.)
A.
Public Hearing; Nature of
		  Proceeding
The purpose of a public hearing before the Mississippi State
			 Board of Banking Review (the "Board") is to obtain clarification of the factual
			 issues concerning an application made to the Mississippi Department of Banking
			 and Consumer Finance (the "Department"). A hearing is neither an adversarial
			 proceeding, nor a forum for legal arguments. A public hearing is intended to
			 allow the Board to gather information concerning an application in order to
			 acquire sufficient information and assist the Board in rendering a decision.
			 These procedures are intended to afford any and all interested parties a full
			 and adequate opportunity to present testimony or additional materials in
			 support of their positions.
B.
Quorum;
		  Tie-breaking
The Board shall take roll and be deemed to have a quorum and
			 therefore authority to act as the Board should at least half or a majority of
			 the sitting members be present at the hearing. In the event of a tie among the
			 voting members of the Board as to any issue, the Chairperson (or member
			 appointed to act in the Chairperson's stead) shall break the tie.
C.
Notice of Public
		  Hearing
As required by statute, notice of a public hearing shall be given
			 to each Board Member at least ten (10) days prior to the date of the scheduled
			 hearing. Any and all other persons that have expressly stated to the Department
			 an intention to attend or appear at the public hearing shall likewise be given
			 written notice equal to that afforded the Board Members. Any and all other
			 interested persons, and the public at-large, shall be afforded equal notice of
			 the public hearing by publication of a notice of hearing in a newspaper of
			 general circulation within the State. Notice by publication may also be made in
			 a local newspaper that has general circulation within a particular county or
			 geographical area that could be affected by the application at issue.
D.
Notification of
		  Attendance
Within ten (10) days of the date of the Notice of Hearing, but no
			 fewer than five (5) days prior to the public hearing, any bank, organization,
			 or person that intends to either attend, or appear before the Board to be heard
			 at the hearing, shall provide the Department and the Chairperson of the Board
			 with notice of their intent to appear and an estimate of the total number of
			 individuals that shall attend the hearing on their behalf. Seating-capacity is
			 limited in the hearing room and anyone not previously approved to attend may be
			 denied access. The Board reserves the right to control the attendance of the
			 hearing and to limit the number of individuals appearing at any one time on
			 behalf of the same entity, regardless of prior notice. Anyone that wishes to
			 appear before the Board may either speak on their own behalf or may be
			 represented by their authorized agent, representative or attorney of choice.
			 Should any attendee require special accommodations in order to appear or
			 participate at the hearing, notice should be provided in advance.
E.
Notification of
		  Proposed Testimony and Evidence to be Received
1.
Witnesses to Provide
		  Testimony
Each interested party must submit to the Department, the
			 Chairperson of the Board, and each other party to the hearing, a list of all
			 witnesses who will testify on behalf of the party. The list must be received by
			 the recipients at least five (5) days before the public hearing. Evidentiary
			 standards for offering testimony are relaxed during a hearing. Generally, so
			 long as a witness' testimony is relevant to the application, the Chairperson
			 shall allow the testimony, regardless of the witness' qualifications or
			 biases.
2.
Exhibits
All exhibits presented or referenced at the hearing must be
			 filed, in duplicate, with the Department, and copies furnished to the
			 Chairperson and to each other party to the hearing. The exhibits must be
			 received by the recipients at least five (5) days before the hearing. The term
			 "exhibits" includes all illustrative and demonstrative documentary evidence
			 used in connection with a party's presentation to the Board, including maps,
			 photographs, charts, and any other visual aids. Large size exhibits may be used
			 at the hearing, but all exhibit submissions for filing with the Department
			 should, where possible, be on standard letter-size paper. Exhibits that do not
			 meet the above requirements for quantity, size or timely submission may not be
			 accepted during the hearing and reference to them may be prohibited by the
			 Board.