Chapter 065

2012 -- S 2596 SUBSTITUTE A

Enacted 05/14/12

 

A N A C T

RELATING TO FINANCIAL INSTITUTIONS -- PROCEDURES AND OPERATIONS

          

     Introduced By: Senators Picard, and Miller

     Date Introduced: March 01, 2012

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 19-3-13 of the General Laws in Chapter 19-3 entitled "Powers and

Operations" is hereby amended to read as follows:

 

     19-3-13. Use of electronic devices and machines. -- (a) Any financial institution, or

credit union, may make available for use by its customers one or more electronic devices or

machines (customer-bank communications terminals/automated teller machines). These devices

or machines shall not be deemed to be the establishment of a branch of the particular financial

institution or credit union. All surcharges chargeable for use of these devices shall be disclosed

prior to completion of any transaction. Disclosure of the surcharge shall be displayed

electronically by the electronic device or machine and shall not be disclosed by means of any

stickers or placards placed on the exterior of the electronic device or machine.

        (b) The establishment and use of these devices are subject to approval by the director or

the director's designee which approval shall not be unreasonably withheld. Any request to

establish a customer-bank communications terminal/automated teller machine must be sent to the

director or the director's designee by certified mail, return receipt requested any means acceptable

to the director or the director’s designee. Any request which is received by the director or the

director's designee shall be deemed approved, if within five (5) business days of receipt by the

director or the director's designee of the request, the director or the director's designee has not

issued a notice of intent to deny the request. The director or the director's designee may

promulgate rules and regulations not inconsistent with this section.

      (c) To the extent consistent with the antitrust laws, each financial institution or credit

union, chartered by this or any other state, is permitted but not required to share these devices

with one or more other financial institutions or credit unions, chartered by the state or federal

government.

      (d) Each financial institution or credit union shall adopt and maintain safeguards on each

electronic device or machine consistent with the minimum requirements specified under the

federal Bank Protection Act, 12 U.S.C. section 1881 et seq.

 

     SECTION 2. Sections 19-14-7, 19-14-8 and 19-14-14 of the General Laws in Chapter 19-

14 entitled "Licensed Activities" are hereby amended to read as follows:

 

     19-14-7. Issuance or denial of license. -- (a) Upon the filing of a completed application,

the payment of fees and the approval of the bond, the director or the director's designee shall

commence an investigation of the applicant.

     (b) After the investigation determines that a completed application has been filed, the The

director or the director's designee shall approve the license applied for in accordance with the

provisions of this chapter if he or she shall find:

     (1) That the financial responsibility, experience, character, and general fitness of the

applicant, and of the applicant's members and of the applicant's officers, including the designated

manager of record of a licensed location, if the applicant is a partnership, limited liability

company or association, or of the officers including the designated manager of record of a

licensed location, and directors and the principal owner or owners of the issued and outstanding

capital stock, if the applicant is a corporation, are such as to command the confidence of the

community and to warrant belief that the business will be operated honestly, fairly, and efficiently

within the purposes of this title; and

      (2) That allowing the applicant to engage in business will promote the convenience and

advantage of the community in which the business of the applicant is to be conducted.

      (b) (c) A license provided pursuant to this title shall remain in full force and effect until it is

surrendered by the licensee or revoked or suspended as provided by law.

      (c) (d) If the director or the director's designee rejects an application for a license, he or she

shall notify the applicant, by certified mail, of the denial, the reason(s) supporting the denial and

shall afford the applicant the opportunity for a hearing within a reasonable time period to show

cause why the license should not be denied. , in writing, and advise the applicant of the reason for

the denial of the application for license. When an application for a license is denied by the

director or the director's designee or withdrawn by the applicant, the director or the director's

designee shall return to the applicant the bond, but shall retain the investigation fee to cover the

costs of investigating the application. The director or the director's designee shall approve or deny

every application for license under this section within sixty (60) days from the date the

application is deemed by the director or the director's designee to be completed. Upon written

request of the applicant, the director or the director's designee shall advise the applicant whether

the applicant's application for any such license is complete and if not, the reason why such

application is not complete. The applicant may make written demand for hearing upon the

director or director’s designee within thirty (30) days of the notice to determine the

reasonableness of the action to deny the license.

      (d) (e) Any applicant or licensee aggrieved by the action of the director or the director's

designee in denying a completed application for a license shall have the right to appeal the action,

order, or decision pursuant to chapter 35 of title 42.

 

     19-14-8. Denial of license by default Denial of license due to incomplete application.

-- If, within sixty (60) days of the initial filing of the application, the applicant has failed to

provide the necessary factual data information requested by the department in order to complete

the application, the director or the director's designee shall notify the applicant, by certified mail

in writing, that the application shall be considered in default and rejected denied if all necessary

data for a completed application information requested is not received within fourteen (14) thirty

(30) days of the notice unless the application is withdrawn. The notice shall specify what

information is necessary for completion. The applicant may make a written demand within thirty

(30) days for a hearing to determine the reasonableness of the director’s or the director’s

designee’s action. The hearing shall be conducted pursuant to the Administrative Procedures Act,

chapter 35 of title 42. If the applicant fails to provide the information or request a hearing within

thirty (30) days from the notice, the application shall be denied on the basis that it is incomplete.

 

     19-14-14. Revocation by default. -- (a) The director or the director's designee may

revoke any license without a hearing by default if the licensee fails to respond to notifications

informing the licensee of a failure to pay the annual license fee, maintain in effect the required

bond or bonds or maintain net worth requirements as required by this title.

        (b) For the purposes of revocation by default, the director or the director's designee

shall send, in writing, to the licensee and to the licensee's registered attorney for service of

process at the their current respective address addresses stated in the application for the license

according to the records of the department, by certified mail, notice of the deficiency and

potential revocation of the license. Should the licensee or the licensee's registered attorney fail to

respond to the certified mail or is not answering to service within fifteen (15) days of the

notification, the director or the director's designee may revoke the license by default and without

hearing after fifteen (15) days from the date of the certified mail. The director or the director’s

designees shall notify the licensee of such revocation in writing.

     (c) Any action taken under this section may be appealed pursuant to the Administrative

Procedures Act, chapter 35, of title 42.

 

     SECTION 3. This act shall take effect upon passage.

     

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LC01525/SUB A

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