HAR §16-25-23. Scope

(a) Except as otherwise provided by law, this subchapter applies to the following types of applications: (1) Application for proposed new financial institution; (2) Application to establish a branch or agency; (3) Application to relocate the principal office, branch, or agency; (4) Application to sell or acquire assets, to transfer or assume liabilities and deposits, or to merge or consolidate with another company; and (5) Any other application which the commissioner deems appropriate. If an application falls within this category, the applicant will be notified at the time the application is accepted for filing that the procedures set forth in this subchapter shall be followed. (b) This section and sections 16-25-24 through 16-25-26 shall not apply to credit unions. [Eff 8/13/87; am and comp 1/27/01; comp 8/04/05] (Auth: HRS §§412:2-100, 412:2-107) (Imp: HRS §§412:2-503, 412:2-508, 412:3-102, 412:3-111, 412:3-112, 412:3-113, 412:3-201, 412:3-208, 412:3-210, 412:3-211, 412:3-212, 412:3-301, 412:3-402, 412:3-503, 412:3-505, 412:3-603, 412:3-607, 412:3-608, 412:3-609, 412:3-611, 412:3-612, 412:3-613, 412:3-616, 412:3-617, 412:5-201, 412:5-203, 412:5-204, 412:5-205, 412:5-205.5, 412:5- 205.7, 412:5-302, 412:5-305, 412:5-401, 412:5-402, 412:5A-201, 412:5A-205, 412:5A-210, 412:6-201, 412:6-203, 412:6-204, 412:6-303, 412:6-306, 412:7-201, 412:7-203, 412:7-204, 412:7-306, 412:7-408, 412:8-202, 412:8-204, 412:8-301, 412:9-201, 412:9-400, 412:9-401, 412:9-403, 412:9-409, 412:10-103, 412:10-109, 412:10-121, 412:10-201, 412:10-502, 412:10-600, 412:10-803, 412:12-102, 412:12-103, 412:12-104, 412:12-106, 412:13-202, 412:13-203, 412:13-205, 412:13-213, 412:13-214, 412:13-216, 412:13-217, 412:13-218, 412:13-222, 412:13-227, 412:13-301) §16-25-24 Notice by publication of application; opportunity to comment and provide information. (a) Except as otherwise provided by statute, upon the filing of an application, the applicant shall publish notice of the proposed transaction in a newspaper of general circulation in the State. The published notice shall include the name of the applicant, the subject matter of the application, and the location or locations at which the applicant proposes to engage in business. A copy of the notice shall be filed with the division. (b) In order to apprise the public of an opportunity to comment on an application, the notice shall include a statement describing the opportunity to 25-12 §16-25-26 comment on or protest the granting of, or request an informational and comment proceeding on the application. Except as otherwise provided by statute, the notice shall include the following statement: "Any person wishing to comment on the application may file comments in writing with the Commissioner of Financial Institutions (by mail to P.O. Box 2054, Honolulu, Hawaii 96805; or delivered to 335 Merchant Street, Room 221, Honolulu, Hawaii 96813) within fifteen days of the date of this notice. The comments may include a statement protesting or supporting the application. You may at the same time request that an informational and comment proceeding be held on the application. If this proceeding is requested, you should include a brief statement of your interest in the application, the matters you wish to discuss, and the reasons why a written presentation would not suffice in lieu of the proceeding. The nonconfidential portion of the application and related documents will be available for inspection within one working day following a request for the application and documents. The application and documents may be inspected at the Division of Financial Institutions during regular business hours." [Eff 8/13/87; am and comp 1/27/01; am and comp 8/04/05] (Auth: HRS §§412:2-100, 412:2-107) (Imp: HRS §§412:3- 204, 412:3-302, 412:3-607, 412:3-608, 412:3-609, 412:3-611, 412:3-612, 412:3-613) §16-25-25 Comments on application; request for informational and comment proceeding. (a) Any person may file with the commissioner written comments on an application within fifteen days of the publication of notice. The comment period may be extended by the commissioner for good cause. (b) Any person who files a written comment may at the same time request that an informational and comment proceeding be held on the application. A request for the proceeding shall be accompanied by a brief statement of the person's interest in the application, the matters the person wishes to discuss at the proceeding, and the reasons why a written presentation would not suffice in lieu of the proceeding. [Eff 8/13/87; comp 1/27/01; comp 8/04/05] (Auth: HRS §§412:2-100, 412:2-107) (Imp: HRS §§412:3-204, 412:3-302, 412:3-607, 412:3-608, 412:3-609, 412:3-611, 412:3-612, 412:3-613)