Tex. Fin. Code Section 185.004
Hearing on Proposed Order

(a)

A requested hearing on a proposed order shall be held not later than the 30th day after the date the first request for a hearing on the order was received by the banking commissioner unless the parties agree to a later hearing date. Not later than the 11th day before the date of the hearing, each party shall be given written notice by personal delivery or by registered or certified mail, return receipt requested, of the date set by the banking commissioner for the hearing. At the hearing, the banking commissioner has the burden of proof, and each person against whom the order is directed may cross-examine witnesses and present evidence to show why the order should not be issued.

(b)

After the hearing, the banking commissioner shall issue or decline to issue the order. The order may be modified as necessary to conform to the findings at the hearing and to require the board to take necessary affirmative action to correct the conditions cited in the order.

(c)

An order issued under this section is immediately final for purposes of enforcement and appeal. The order may be appealed as provided by Sections 181.202 (Appeal of Banking Commissioner Decision or Order) and 181.204 (Appeal to District Court).
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 25, eff. September 1, 2019.

Source: Section 185.004 — Hearing on Proposed Order, https://statutes.­capitol.­texas.­gov/Docs/FI/htm/FI.­185.­htm#185.­004 (accessed May 18, 2024).

185.0001
Applicability to State Trust Company Subsidiaries 185.001
Determination Letter 185.002
Cease and Desist Order 185.003
Removal or Prohibition Order 185.004
Hearing on Proposed Order 185.005
Emergency Order 185.006
Copy of Letter or Order in State Trust Company Records 185.007
Effect of Final Removal or Prohibition Order 185.008
Limitation on Action 185.009
Enforcement by Commissioner 185.010
Administrative Penalty 185.011
Payment or Appeal of Administrative Penalty 185.012
Confidentiality of Records 185.013
Collection of Fees 185.0035
Removal or Prohibition Orders in Response to Certain Criminal Offenses 185.0071
Application for Release from Final Removal or Prohibition Order 185.101
Order of Supervision 185.102
Order of Conservatorship 185.103
Hearing 185.104
Post-hearing Order 185.105
Confidentiality of Records 185.106
Duties of State Trust Company Under Supervision 185.107
Powers and Duties of Conservator 185.108
Qualifications of Appointee 185.109
Expenses 185.110
Review of Supervisor or Conservator Decisions 185.111
Suit Filed Against or on Behalf of State Trust Company Under Supervision or Conservatorship 185.112
Duration 185.113
Administrative Election of Remedies 185.114
Release Before Hearing 185.201
Investigation of Unauthorized Trust Activity 185.202
Subpoena Authority 185.203
Enforcement of Subpoena 185.204
Confidentiality of Subpoenaed Records 185.205
Evidence 185.206
Cease and Desist Order Regarding Unauthorized Trust Activity 185.207
Emergency Cease and Desist Order 185.208
Appeal of Cease and Desist Order 185.209
Violation of Final Cease and Desist Order 185.210
Administrative Penalty 185.211
Payment and Appeal of Administrative Penalty 185.212
Judicial Review of Administrative Penalty 185.1001
Applicability to State Trust Company Subsidiaries
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Accessed:
May 18, 2024

§ 185.004’s source at texas​.gov