9-535. Same; approval of application; applicant right to appeal.
9-535
9-535. Same; approval of application; applicant right to appeal.
(a) The commissioner shall approve the
application if the commissioner determines that the application favorably meets
each 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 of
the Kansas bank or Kansas bank holding company which is the subject of
the 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, the
applicant shall have the right to appeal in writing to the state banking board
the commissioner's determination by filing a notice of appeal with the
commissioner. The state banking board shall fix a date for hearing, which
hearing shall be held within 45 days after such notice of appeal is filed. The
board shall conduct the hearing in accordance with the provisions of the Kansas
administrative procedure act and render its decision affirming or rescinding
the determination of the commissioner. Any action of the board pursuant to
this section is subject to review in accordance with the act for judicial
review and civil enforcement of agency actions. An applicant who files an
appeal to the state banking board of the commissioner's determination shall pay
to the commissioner a fee in an amount established by rules and regulations of
the commissioner, adopted pursuant to K.S.A. 9-1713 and amendments thereto, to
defray the board's expenses associated with conducting the appeal.
History: L. 1991, ch. 45, § 7;
L. 1995, ch. 79, § 6; Sept. 29.