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RULE §53.8 Mobile Facility Application; Operation of Mobile Facility; Notice; Publication; Hearing

Published: 2015

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In order to obtain permission to establish a mobile facility, the following procedures and conditions shall apply.   (1) Prior to the establishment and operation of such facility, the association shall obtain approval of the commissioner for permission to do so.   (2) Such facility shall be operated only at locations approved by the commissioner, each of which shall at all times be appropriately identified at the site and on the facility, within 100 miles of the association's home office.   (3) The mobile facility shall be established and operated at two or more locations, each of which at the time of filing of the application shall be more than 10 miles from the locations of any home or branch office of any other savings and loan association.   (4) Any such facility shall be open for business at the same location on the same day or days of each week (established holidays excepted) but shall not be
consecutive days, during such hours aggregating a total of not less than four hours a day as the association's board of directors may from time to time determine.   (5) The mobile equipment used in the establishment and operation of such facility shall not remain at the site except for business hours approved by the association. Further, each applicant shall show that adequate safeguards for the security protection of such mobile facility and its content will exist. The commissioner may require further safeguards if in his opinion the proposed safeguards be inadequate.   (6) Operation of such facility shall not be conducted at any location after the expiration of such period of time as the commissioner shall prescribe which shall not exceed three years except with subsequent approval of the commissioner.   (7) An application for a mobile facility shall be filed with the commissioner in the same manner as required for a branch
office with such supporting data that is pertinent to the application. Such application and supporting data shall be sworn to as prescribed in the Texas Savings and Loan Act, §62.001.   (8) Each application for a mobile facility shall be set for hearing, notice given, hearing held, and decision reached in the same manner and within the time as herein provided for new charter applications.   (9) An application for permission to establish a mobile facility may not be approved unless the commissioner shall have affirmatively found from the data furnished with the application, the evidence adduced at the hearing, and his official records, all of the findings necessary for approval of a branch office.

Source Note: The provisions of this §53.8 adopted to be effective January 1, 1976; amended to be effective July 1, 1986, 11 TexReg 2809; amended to be effective January 18, 1989, 14 TexReg 52.