# Title 13 — Department of Financial Institutions

## Article 13-02 — Banking and Savings and Loan Associations

## Chapter 13-02-05 — Procedure for Establishing a Facility

Authority to Hold Hearing
### § 13-02-05-01. Application to banking board required.

Whenever any state bank desires to maintain and operate a facility separate from its banking
house, or to move a facility previously established to another location, it must apply to the state banking
board for such authority.
History: Amended effective August 1, 1996.
General Authority: NDCC 6-01-04
Law Implemented: NDCC 6-03-13.1
### § 13-02-05-02. Delivery of copies to board.

An original and ten copies of the application must be delivered to the state banking board.
History: Amended effective May 1, 1996.
General Authority: NDCC 6-01-04
Law Implemented: NDCC 6-03-13.1
### § 13-02-05-03. Contents of application.

The application must contain the following information:
1. A copy of the applicant bank's most recent month-end financial statement.
2. A copy of the applicant bank's yearend financial statements for the last two preceding years.
3. The names and addresses of all other banks within the trade area of the banking institution's
proposed facility.
4. A description of the site of the proposed facility.
5. A description of the proposed facility and an estimate of the cost of establishing and
maintaining the facility.
6. A statement relating to the convenience, needs, and welfare of the people of the community
and area to be served by the proposed facility.
7. A statement relating to whether other banks will be seriously injured by the approval of the
application.

History: Amended effective May 1, 1996.
General Authority: NDCC 6-01-04
Law Implemented: NDCC 6-03-13.3
### § 13-02-05-04. Availability for inspection.

The application must be available for inspection in the office of the commissioner of financial
institutions.
History: Amended effective May 1, 1996; June 1, 2002.
General Authority: NDCC 6-01-04
Law Implemented: NDCC 6-03-13.3
### § 13-02-05-05. Publication.

Upon filing a completed application, the secretary of the board shall cause to be published notice of
application once a week for two successive weeks in the official newspaper of the county where the
proposed facility is to be located. The notice of application must also be sent by certified mail by the
secretary of the board to all banks and bank facilities, if not sent to the main office, located within the
trade area of the banking institution's proposed facility. Within fifteen days of the final notice provided
under this section, any bank or person may submit to the board written comments concerning the
application or a written request for an opportunity to be heard before the board, or both.
History: Amended effective May 1, 1996.
General Authority: NDCC 6-01-04, 6-03-11
Law Implemented: NDCC 6-03-11, 6-03-13.3
### § 13-02-05-05.1. Joint federal and state publication.

Notwithstanding sections 13-02-05-05 and 13-02-05-06, an applicant may elect to publish joint
federal and state notice of the application pursuant to the procedural requirements of federal law.
Before publication, the applicant shall submit the proposed notice of application to the commissioner for
prior approval.
History: Effective January 1, 1999.
General Authority: NDCC 6-01-04, 6-03-13.1
Law Implemented: NDCC 6-03-13.1
### § 13-02-05-06. Timely submission of written comments - Written request for a hearing -

Board's authority to hold hearing.
Within fifteen days of the final notice provided pursuant to section 13-02-05-05, any bank or person
may submit to the board written comments concerning the application or a written request for an
opportunity to be heard before the board, or both. In the absence of a request, the board may, when it
believes it to be in the public interest, order a hearing to be held.
History: Amended effective May 1, 1996.
General Authority: NDCC 6-01-04
Law Implemented: NDCC 6-03-13.3
### § 13-02-05-07. Setting of date, time, and place for hearing.

If a written request for an opportunity to be heard before the board is submitted to the board or if
the board, on its own initiative, orders that a hearing be held, the board shall set a date, time, and place
for the hearing.
History: Amended effective May 1, 1996.

General Authority: NDCC 6-01-04
Law Implemented: NDCC 6-03-13.3
### § 13-02-05-08. Procedure to afford notice of hearing.

If a hearing on the application is to be held, the board must issue a notice of hearing and
specification of issues to any bank or person which requested in writing that a hearing be held and to
any bank or person which has submitted written comments concerning the application. The board must
also publish the notice of hearing and specification of issues one time in a newspaper of general
circulation in the community where the facility is to be located.
History: Amended effective May 1, 1996.
General Authority: NDCC 6-01-04
Law Implemented: NDCC 6-03-13.3
### § 13-02-05-09. Applicant to furnish court reporter and transcript.

The applicant shall arrange to have a court reporter or stenographer present at any hearing on an
application to establish a separate facility unless approval is provided by the board to arrange for the
use of an electronic recording device as a substitute for having a court reporter or stenographer
present. Upon request, the applicant shall furnish each member of the board a transcript of the
evidence taken before the board.
History: Amended effective May 1, 1996.
General Authority: NDCC 6-01-04
Law Implemented: NDCC 6-03-13.3
### § 13-02-05-10. Board to issue findings of fact, conclusions of law, and decision.

Within thirty days after the evidence has been received, briefs filed, and arguments closed, or as
soon thereafter as possible, the board shall make its findings of fact, conclusions of law, and decision.
General Authority: NDCC 6-01-04
Law Implemented: NDCC 6-03-13.3
### § 13-02-05-11. Procedure on application if no hearing.

If no request for a hearing upon an application to establish a separate facility is submitted to the
board within the time period specified in section 13-02-05-06, and the board has not, on its own
initiative, ordered that a hearing be held, the board shall approve or deny the application by order upon
consideration and motion at a regular or special meeting of the board.
History: Amended effective May 1, 1996.
General Authority: NDCC 6-01-04
Law Implemented: NDCC 6-03-13.3
