370.063. Appeals--rules--nonseverability clause.
Appeals--rules--nonseverability clause.
370.063. 1. An appeal pursuant to subdivision (2) of section370.062, shall be perfected by filing with the director of the division ofcredit unions within fifteen days after notice of the director's decisionis mailed, a notice of appeal stating the name of the appealing party andthe order or decision being appealed. The director shall mail copiesthereof to all interested parties. Upon any such hearing the transcript ofthe proceedings before the director or, if the decision appealed from wasmade without a hearing, all writings used or considered by the director inmaking such decision, shall be considered by the commission and thecommission may take evidence, the taking of such evidence to be limited tonewly discovered evidence in those appeals in which there was a hearingbefore the director and to be governed by the provisions of chapter 536,RSMo. The review by the commission shall be similar to that provided inappeals in equity cases in the courts of this state. Decisions shall bemade as provided in chapter 536, RSMo. The costs on appeal shall includethe per diem compensation of the members of the commission and all suchcosts may be assessed against parties other than the director as may bedetermined by the commission. At least fifteen days' notice of the hearingshall be given to all persons interested in the matter appealed from and tothe director.
2. The credit union commission shall make rules and regulations,consistent with applicable law, for the proceedings in connection with theappeals provided for in subdivision (2) of section 370.062 and settingforth the criteria the director will apply in determining whether or notone or more additional groups may be included in the membership of anexisting credit union. The criteria shall include, but is not limited to,determination of the credit union's capital adequacy, administrativecapability and financial resources to serve the new membership group. Norule or portion of a rule promulgated under the authority of this chaptershall become effective unless it has been promulgated pursuant to theprovisions of chapter 536, RSMo. Any rule or portion of a rule, as thatterm is defined in section 536.010, RSMo, that is promulgated under theauthority delegated in this chapter shall become effective only if theagency has fully complied with all of the requirements of chapter 536,RSMo, including but not limited to, section 536.028, RSMo, if applicable,after August 28, 1998. All rulemaking authority delegated prior to August28, 1998, is of no force and effect and repealed as of August 28, 1998,however, nothing in this section shall be interpreted to repeal or affectthe validity of any rule adopted or promulgated prior to August 28, 1998.If the provisions of section 536.028, RSMo, apply, the provisions of thissection are nonseverable and if any of the powers vested with the generalassembly pursuant to section 536.028, RSMo, to review, to delay theeffective date, or to disapprove and annul a rule or portion of a rule areheld unconstitutional or invalid, the purported grant of rulemakingauthority and any rule so proposed and contained in the order of rulemakingshall be invalid and void, except that nothing in this section and sections370.061, 370.062, 370.080, 370.081 and 370.082 shall affect the validity ofany rule adopted and promulgated prior to August 28, 1998.
3. The director of the division of credit unions shall act inaccordance with any order of the credit union commission made pursuant tosubdivision (2) of section 370.062.
(L. 1998 H.B. 1323)