Discretion of department

Whenever in this chapter the department is authorized but not required to take any action, the taking of such action shall be within the discretion of the commissioner or his duly authorized deputy. The department shall not be required to grant opportunity for hearing except where such hearing is specifically required by this chapter or Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” The department shall maintain accurate memoranda or transcripts of all hearings conducted by the department pursuant to this Code section. History. Code 1933, § 41A-316, enacted by Ga. L. 1974, p. 705, § 1. 7-1-76. Department may act after time limit without resubmittal; withdrawal of applications and requests; imposition of conditions; nullification. (a) Failure of the department to act within any of the time limits 59 7-1-77 established by this chapter or regulations issued pursuant thereto shall not deprive the department of jurisdiction thereafter to act in regard to the matter involved without need for resubmittal of any application, request, or similar action. (b) Any action, application, or request requiring department approval under this chapter may be withdrawn by the applicant prior to department action thereon without prejudice to the applicant’s right to resubmit such application at a later date. If such application has been forwarded to the department through the Secretary of State, the department shall notify the Secretary of State of any such withdrawal and that the application or request is no longer pending. (c) The department may impose conditions on any approval, including but not limited to conditions designed to address competitive, financial, managerial, safety and soundness, convenience and needs, compliance, and other concerns, to ensure that such approval is consistent with the provisions of this chapter. (d) The department may nullify a decision on any request, action, or application if: (1) The department becomes aware of any material misrepresentation or omission by the applicant; (2) The department is not promptly informed by the applicant of a subsequent material change in circumstances; (3) The decision is contrary to law, regulation, or departmental policy; or (4) The decision was granted due to clerical or administrative error or was based on a material mistake of law or fact. History. Code 1933, § 41A-317, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 1998, p. 795, § 7. 7-1-77. Approval by commissioner of state rules and regulations affecting financial institutions. Any rule, regulation, order, or administrative directive issued by a state official, agency, or entity which is intended to be applicable to banks, banking associations, bank holding companies, savings and loan associations, credit unions, or companies engaged in selling money orders or any other company or financial institution under the supervision of the commissioner and required to report to the commissioner or subject to rules and regulations issued by the commissioner shall be effective as to any such company or financial institution only after the rule, regulation, order, or other directive has been approved in writing by the commissioner. Nothing in this Code section shall be construed to modify, limit, or otherwise restrict the authority of the department to 60 7-1-79 conduct an examination, bring a civil or administrative action, or otherwise enforce state or federal laws against a financial institution. History. Code 1933, § 41A-318, enacted by Ga. L. 1979, p. 950, § 1; Ga. L. 2016, p. 390, § 7-3/HB 811.