§ 23-48-703 - Establishment of full-service branch -- Standards and procedure.
               	 		
23-48-703.    Establishment of full-service branch -- Standards and procedure.
    (a)  The  Bank Commissioner shall have the authority to approve the application  of a state bank to establish a full-service branch if the commissioner  determines that the establishment of the full-service branch is  consistent with:
      (1)  Maintaining a sound banking system;
      (2)  Encouraging the bank to help meet the credit needs of the community;
      (3)  Relying on the marketplace as generally the best regulator of economic activity; and
      (4)  Encouraging healthy competition to promote efficiency and better service to customers.
(b)  The sponsor of a full-service branch application may file an application with the commissioner by:
      (1)  Paying  a filing fee established by State Bank Department regulation of not  less than three hundred dollars ($300) nor more than five hundred  dollars ($500); and
      (2)  Not less  than thirty (30) days prior to filing the application, publishing notice  of the application one (1) time per week for four (4) consecutive weeks  in a newspaper of statewide circulation.
(c)  The commissioner:
      (1)  May  establish by regulation an expedited application process and procedure  for the approval of a healthy bank full-service branch application; and
      (2)  Shall  approve a healthy bank full-service branch application unless the  commissioner determines that approving the application is not consistent  with the standards provided in subsection (a) of this section.
(d)    (1)  The  commissioner shall give notice of the filing of an application under  subsection (b) or subsection (c) of this section to all Arkansas  state-chartered banks with a bank or a full service branch currently  open and operating within the market area of the proposed new branch.
      (2)  The procedure for giving notice and the parameters of the market area shall be established by State Bank Department regulation.
(e)    (1)  A  written protest to a full-service branch application may be filed with  the commissioner within fifteen (15) days of the filing of the  application.
      (2)  The protest shall include:
            (A)  A detailed explanation of the protesting party's reasons why the commissioner should deny the application; and
            (B)  A  filing fee established by department regulation of not less than three  hundred dollars ($300) nor more than five hundred dollars ($500).
(f)  The commissioner may conduct an adjudicatory or administrative hearing on a full-service branch application.
(g)    (1)  The  commissioner shall issue an order accepting or rejecting a full-service  branch application within a reasonable period of time following the  expiration of the fifteen-day protest period under subdivision (d)(1) of  this section.
      (2)  The order  shall include specific findings of fact and conclusions of law  concerning whether the establishment of the full-service branch is  consistent with the standards provided in subsection (a) of this  section.
(h)  Within thirty (30) days  after the commissioner issues an order accepting or rejecting a  full-service branch application, an applicant or a party that filed a  protest to the full-service branch application may appeal the  commissioner's order to the circuit court of the county where the  full-service branch will be established.