Sec. 185.004. HEARING ON PROPOSED ORDER. (a) A requested hearing on a proposed order shall be held not later than the 30th day after the date the first request for a hearing on the order was received by the banking commissioner unless the parties agree to a later hearing date. Not later than the 11th day before the date of the hearing, each party shall be given written notice by personal delivery or by registered or certified mail, return receipt requested, of the date set by the banking commissioner for the hearing. At the hearing, the banking commissioner has the burden of proof, and each person against whom the order is directed may cross-examine witnesses and present evidence to show why the order should not be issued.
(b) After the hearing, the banking commissioner shall issue or decline to issue the order. The order may be modified as necessary to conform to the findings at the hearing and to require the board to take necessary affirmative action to correct the conditions cited in the order.
(c) An order issued under this section is immediately final for purposes of enforcement and appeal. The order may be appealed as provided by Sections 181.202 and 181.204.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 25, eff. September 1, 2019.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Chapter 185 - Enforcement Actions
Subchapter A. Enforcement Orders
Section 185.0001. Applicability to State Trust Company Subsidiaries
Section 185.001. Determination Letter
Section 185.002. Cease and Desist Order
Section 185.003. Removal or Prohibition Order
Section 185.0035. Removal or Prohibition Orders in Response to Certain Criminal Offenses
Section 185.004. Hearing on Proposed Order
Section 185.005. Emergency Order
Section 185.006. Copy of Letter or Order in State Trust Company Records
Section 185.007. Effect of Final Removal or Prohibition Order
Section 185.0071. Application for Release From Final Removal or Prohibition Order
Section 185.008. Limitation on Action
Section 185.009. Enforcement by Commissioner
Section 185.010. Administrative Penalty
Section 185.011. Payment or Appeal of Administrative Penalty