9-535.   Same; approval of application; applicant right to appeal.(a) The commissioner shall approve theapplication if the commissioner determines that the application favorably meetseach and every factor prescribed in K.S.A. 9-534 and amendments thereto,the proposed acquisition is in the interest of the depositors and creditors ofthe Kansas bank or Kansas bank holding company which is the subject ofthe proposed acquisition and in the public interest generally.Otherwise, the application shall be denied.

      (b)   Within 15 days after the commissioner's approval or denial, theapplicant shall have the right to appeal in writing to the state banking boardthe commissioner's determination by filing a notice of appeal with thecommissioner. The state banking board shall fix a date for hearing, whichhearing shall be held within 45 days after such notice of appeal is filed. Theboard shall conduct the hearing in accordance with the provisions of the Kansasadministrative procedure act and render its decision affirming or rescindingthe determination of the commissioner. Any action of the board pursuant tothis section is subject to review in accordance with the act for judicialreview and civil enforcement of agency actions. An applicant who files anappeal to the state banking board of the commissioner's determination shall payto the commissioner a fee in an amount established by rules and regulations ofthe commissioner, adopted pursuant to K.S.A. 9-1713 and amendments thereto, todefray the board's expenses associated with conducting the appeal.

      History:   L. 1991, ch. 45, § 7;L. 1995, ch. 79, § 6; Sept. 29.