Department of Banking
The Department holds hearings related to credit union amendments, fields of membership and enforcement of the Credit Union Code. In addition the Department may hold hearings for license denials, suspensions, revocations; the prohibition of individuals from engaging in certain regulated practices and the assessment of fines for violations of the following statutes:
|Credit Union Code
||17 Pa.C.S. § 101 et seq.
||7 Pa.C.S. § 6101 et seq.
|Motor Vehicle Sales Finance Act
||69 P.S. § 601 et seq.
The hearings are conducted pursuant to Pennsylvania Administrative Agency Law, 2 Pa. C.S. §§ 501-508, 701-704, and the General Rules of Administrative Practice and Procedure, I Pa. Code §§ 31.1.-35.251.
An Office of General Counsel-assigned Hearing Officer presides over the majority of the Department’s hearings. The selected Hearing Officer is designated as the presiding officer by the Department’s Secretary or the Secretary’s designee and instructed whether to issue a Proposed Report with proposed findings of fact, conclusions of law and recommended sanctions or to certify the record to the Secretary or the Secretary’s designee without a proposed report. The Department’s Secretary or the Secretary’s designee issues the Final Order which is binding upon the Department. The opposing party (or parties) may appeal the Final Order to Commonwealth Court. The Department conducts a small number of hearings where the presiding officer is Officer not an Office of General Counsel Hearing, but the Secretary or the Secretary’s designee from within the Department. On these occasions a Final Order is entered without a Proposed Report and without certification of the record to the Secretary. This spring an Office of General Counsel Hearing Officer will be designated as the presiding officer by the Department’s Secretary or the Secretary’s designee for a number of license denial hearings. The Hearing Officer will issue a Final Order without a Proposed Report and without certification of the record to the Secretary.
The Department operates pursuant to a confidentiality statute that broadly prohibits Department employees from divulging information that may be in the Department’s possession. See Section 302.A of the Department of Banking Code, 71 P.S. § 733-302.A. Therefore, any pleadings or other filings made with the Department’s administrative docket, the hearings and transcripts are confidential information that is not disclosed to the public.
Lauren A. Sassani, Assistant Counsel Pennsylvania Department of Banking
17 N. Second Street, Suite 1300
Harrisburg, PA 17101
717-787-1471 (main phone line) 717-783-8427 (fax)