(A) The board shall decide whether to uphold or overturn its denial of an application within sixty days after receipt of the applicant's request for a hearing. However, if the board requests additional information from the applicant following receipt, the time limit for decision by the board must be the later of:
(1) the date set forth in this subsection; or
(2) thirty days after the board's receipt of the requested additional information.
(B) The board shall consider oral testimony and any other information and evidence it considers appropriate, either written or oral. The board's review must be limited to a determination of whether the criteria pursuant to Section 34-1-180 has been met and whether the provisions of this chapter have been followed.
(C) The board in its discretion may hold a public hearing in connection with its review if a significant issue of law or fact has been raised with respect to the proposed applicant.
(D) If the board holds a public hearing within ninety days after receipt of the applicant's request for a hearing, the time limit specified in subsection (A) must be extended to thirty days after the conclusion of the public hearing.
(E) If the board denies an application for a charter, the applicant may appeal the denial or approval containing the conditions to the Administrative Law Court pursuant to the rules of that court.
HISTORY: 2021 Act No. 30 (S.467), Section 1, eff May 6, 2021.
Structure South Carolina Code of Laws
Title 34 - Banking, Financial Institutions and Money
Chapter 1 - State Board Of Financial Institutions
Section 34-1-20. Appointment of members.
Section 34-1-30. Terms of members; vacancies.
Section 34-1-40. Expenses of members.
Section 34-1-50. Office space.
Section 34-1-80. Examining department; Commissioner of Banking.
Section 34-1-90. Commissioner of Banking shall report criminal violations to Board.
Section 34-1-100. Initiation of criminal prosecutions.
Section 34-1-120. Penalties for obstructing Commissioner of Banking.
Section 34-1-130. Study of capital reserve position of financial institutions; report.
Section 34-1-140. State preemption of lender regulation.
Section 34-1-150. Requirements for applicant seeking permission to organize a bank.
Section 34-1-160. Authorization of organization of proposed bank; articles of incorporation.
Section 34-1-170. Requirements for articles of incorporation of proposed bank.
Section 34-1-180. Requirements for board to approve a charter for proposed bank.
Section 34-1-210. Remote service unit not considered a branch of a bank.
Section 34-1-220. Delegations to the Commissioner of Banking.