Tex. Fin. Code Section 35.004
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 department 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 department has the burden of proof and each person against whom the proposed order is directed may cross-examine and present evidence to show why the proposed order should not be issued.

(b)

After the hearing, the banking commissioner shall issue or decline to issue the proposed order. The proposed 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 31.202 (Appeal of Banking Commissioner Decision or Order) and 31.204 (Appeal to District Court).
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 15, eff. September 1, 2019.

Source: Section 35.004 — Hearing on Proposed Order, https://statutes.­capitol.­texas.­gov/Docs/FI/htm/FI.­35.­htm#35.­004 (accessed Jun. 5, 2024).

35.0001
Applicability to Bank Subsidiaries 35.001
Determination Letter 35.002
Cease and Desist Order 35.003
Removal or Prohibition Order 35.004
Hearing on Proposed Order 35.005
Emergency Order 35.006
Copy of Letter or Order in Bank Records 35.007
Effect of Final Removal or Prohibition Order 35.008
Limitation on Action 35.009
Enforcement by Commissioner 35.010
Administrative Penalty 35.011
Payment or Appeal of Administrative Penalty 35.012
Confidentiality of Records 35.013
Collection of Fees 35.0035
Removal or Prohibition Orders in Response to Certain Criminal Offenses 35.0071
Application for Release from Final Removal or Prohibition Order 35.101
Order of Supervision 35.102
Order of Conservatorship 35.103
Notice and Hearing 35.104
Post-hearing Order 35.105
Confidentiality of Records 35.106
Authority of Supervisor 35.107
Authority of Conservator 35.108
Qualifications of Appointee 35.109
Expenses 35.110
Review of Supervisor or Conservator Decision 35.111
Venue 35.112
Duration 35.113
Administrative Election of Remedies 35.114
Release Before Hearing 35.201
Inapplicability 35.202
Investigation of Unauthorized Activity 35.203
Subpoena Authority 35.204
Enforcement of Subpoena 35.205
Confidentiality of Subpoenaed Records 35.206
Evidence 35.207
Cease and Desist Order 35.208
Emergency Cease and Desist Order 35.209
Judicial Review of Cease and Desist Order 35.210
Violation of Final Cease and Desist Order 35.211
Administrative Penalty 35.212
Payment and Appeal of Administrative Penalty 35.213
Judicial Review of Administrative Penalty 35.1001
Applicability to Bank Subsidiaries
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 35.004’s source at texas​.gov