§ 502.3 - Applications processing fees.

(a) Fees must accompany certain applications, filings, notices, and requests (hereafter collectively referred to as “applications”) before such applications will be accepted for processing by the Office. Except as provided in paragraph (d) of this section, such fees will be determined by the Office according to the method set forth in paragraph (b) of this section, will be announced at least annually, and will be established at rates calculated to recover the Office's total direct and indirect costs of processing such applications during the ensuing calendar year after such fees are announced.

(b) The Office will determine fees for processing applications by:

(1) Calculating, based on historical data, the average time necessary to process each type of application;

(2) Identifying for the upcoming year the amount to be budgeted for processing applications;

(3) Dividing the amount identified in paragraph (b)(2) of this section by the total number of hours available for applications processing in the ensuing year to yield the average hourly cost for processing applications; and

(4) Multiplying the average hourly cost identified in paragraph (b)(3) of this section by the number of hours spent processing each type of application identified in paragraph (b)(1) of this section and rounding the result to the nearest increment of $100, with a minimum fee of $100. This will yield the amount of the application fee required to recover the cost of processing each type of application;

(5)(i) The Director, or his or her designee, may reduce any fees calculated as set forth above to adjust for any inequities or any efficiencies or changes in procedure which are projected to result in reduced processing costs and which have not been taken into account as a result of application of the formula set forth in paragraphs (b)(1) through (b)(4) of this section. The Director, or his or her disignee, also may adjust downward any fees calculated pursuant to paragraphs (b)(1) through (b)(4) of this section if, in the Director's discretion, he or she determines that the amount of such fee will unduly or unjustifiably discourage applications of a particular type or applications for particular categories of transactions.

(ii) In the event the Office develops a new type of application, and thus has no historical basis on which to establish an application fee, the Director may establish such fee based on a comparison with fees charged for processing similar types of applications or applications involving analysis of similar information, policies, and legal issues.

(c) The fees determined pursuant to paragraph (b) of this section will be published as set forth in § 502.6 of this part at least thirty days before such fees are effective, except that in 1990, such fees shall be effective ten days after publication in the Thrift Bulletin as set forth in § 502.6 of this part.

(d) The Director shall also charge fees to recover the Office's costs of processing filings with the Office made pursuant to 12 CFR parts 563b, 563d, and 563g. These fees will be published as set forth in § 502.6 of this part at least thirty days before such fees are effective, except that in 1990, such fees shall be effective ten days after publication in the Thrift Bulletin as set forth in § 502.6 of this part.

(e) In the event that the Office cannot complete its review of an application because it is found to be materially deficient and the Office accordingly refuses to accept the application for processing, the applicant must pay a new application fee at the time of filing any revised application.

(f) All application fees must be paid at the time of filing by check payable to the Office of Thrift Supervision. No part of a filing fee is refundable.

(g) When a transaction involves the filing of a number of different applications, the appropriate filing fees must be paid for each type of application filed, except as otherwise specifically provided in the Thrift Bulletin published pursuant to § 502.6 of this part.

(h) Each submission must be accompanied by a statement of the amount of the fee for each application and filing submitted and how the fee was calculated.