First National Bank v. Department of Banking

300 A.2d 823, 7 Pa. Commw. 603, 1973 Pa. Commw. LEXIS 838
CourtCommonwealth Court of Pennsylvania
DecidedMarch 1, 1973
DocketAppeal, No. 925 C.D. 1972
StatusPublished
Cited by18 cases

This text of 300 A.2d 823 (First National Bank v. Department of Banking) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
First National Bank v. Department of Banking, 300 A.2d 823, 7 Pa. Commw. 603, 1973 Pa. Commw. LEXIS 838 (Pa. Ct. App. 1973).

Opinion

Opinion by

Judge Mencer,

This case is an appeal from the order of the Department of Banking (Department) authorizing The [605]*605Bank of Matamoras1 (applicant) to establish a branch bank in Milford, Pennsylvania. On December 18, 1970, applicant filed an application with the Department tinder Section 904(b) (iv) of the Pennsylvania Banking Code of 19652 for permission to establish a branch in Milford. Applicant’s main office is approximately seven miles from the site of the proposed branch office.

Appellant, The First National Bank of Pike County (protesting bank), formerly The First National Bank of Milford, filed with the Department a protest to the branch application. Following a hearing on March 19, 1971, the Department, by order dated June 11, 1971, granted the application to establish the branch office. The protesting hank appealed, and we vacated this order3 and remanded for a further hearing because prior to the first hearing the protesting hank had been denied access to certain portions of the application which were deemed confidential by the Department. Our remand was in accordance with the ruling of Conestoga National Bank of Lancaster v. Patterson, 442 Pa. 289, 275 A. 2d 6 (1971).

A second hearing was held on March 21, March 22, and March 23, 1972. This further hearing produced 721 pages of transcribed proceedings and involved 10 witnesses and 54 exhibits. Following the filing of briefs, the Department issued a decision and order under date of September 13, 1972, approving the application to establish the branch bank in Milford. The protesting bank filed exceptions to the decision and appealed from [606]*606this order. The applicant bank filed a petition to intervene, and intervention was allowed.

Two principal issues are raised in this appeal.

I.

Was the Protesting Bank Denied its Constitutional Right to a Fair Hearing?

It is well established that the requirements of due process of law apply to administrative proceedings. Conestoga National Bank of Lancaster v. Patterson, supra. “Due process of law” does not readily lend itself to exact definition. However, its essential elements are “notice and opportunity to be heard and to defend in an orderly proceeding adapted to the nature of the case before a tribunal having jurisdiction of the cause.” Wiley v. Woods, 393 Pa. 341, 351, 141 A. 2d 844, 849-50 (1958). Each factual situation must be closely examined to determine the applicability of the principle of due process.

We have here made a careful and close examination of the record made of the hearings held in this case and have satisfied ourselves that the protesting bank was not denied its constitutional right to a fair hearing. It is true that in a few instances evidence can be found in the record of comments of the hearing examiner, borne of impatience and irritation, that could arguably be indicative of bias, but a total review of the record leads only to the conclusion that the protesting bank was afforded a full and fair opportunity to present its case.

We do not believe that any of the five contentions advanced by the protesting bank relative to the fairness of the hearing have merit. However, we will comment briefly on two of these contentions. It is asserted that the time for cross-examination allowed to the protesting bank was severely limited. This contention is di[607]*607rected to the conduct of the second hearing since the first hearing on the merits of the application was free of any limitations as to the right of cross-examination.

The rules of the Department governing branch application procedures provide that the hearing examiner shall determine the time to be expended upon each witness’ presentation at hearings. Vol. 1, Pennsylvania Bulletin, page 2287. The right to limit cross-examination has been recognized in Pennsylvania to be within the sound discretion of the trial judge and absent injury to the party complainant it is not grounds for reversal. Besecker v. General Acceptance Corporation, 143 Pa. Superior Ct. 367, 17 A. 2d 916 (1941). Here we believe the time limitations imposed were reasonable, and the protesting bank has not persuaded us that the few limitations imposed were prejudicial to its rights. An examination of the record readily establishes that the protesting bank had an ample opportunity to cross-examine all witnesses and that, if any error resulted in this regard, it was harmless in nature.

We would also comment on the Department’s failure to subpoena documents as requested by the protesting bank in the form of a telegram to the Department sent on Saturday, March 18, 1972, and received by the Department on March 20, 1972, just one day before the second hearing scheduled to commence on Tuesday, March 21, 1972.4 The request was for the issuance of a subpoena to the applicant bank to produce at the hearing full records identifying each of its customers in Pike County by both name and address, type of account maintained by such customer with the applicant bank, current amounts and account activity of each such account.

We conclude that this request was properly denied. The lateness of the request, combined with its lack of [608]*608relevancy to the hearing, as well as the confidential nature of the information sought, constituted sufficient basis for the Department’s refusal of the request. We might mention in this regard that our remand for a further hearing was to provide the protesting bank the opportunity to present evidence and to further cross-examine witnesses after having access to all of the application and supporting data submitted to the De partment by the applicant bank. We directed a further hearing to supplement the first hearing rather than a de novo hearing.

II.

Were the Department’s Findings oe Fact and Conclusions oe Law That There Is a Need eor the Banking Services and Facilities To Be Provided by the Proposed Branch Bank Supported by • Substantial Evidence f

The test or standard for the grant or refusal of a branch bank is whether there is a need of the community to be served for banking services or facilities such as are contemplated by the establishment of such branch. Ritter Finance Company, Inc. v. Myers, 401 Pa. 467, 165 A. 2d 246 (1960). The term, “services or facilities,” is broadly inclusive and embraces everything, both tangible and intangible, that 'will be made available by the bank proposing to establish the branch in order to supply the needs of the community for banking services.

We discussed in A. P. Weaver and Sons v. Sanitary Water Board, 3 Pa. Commonwealth Ct. 499, 284 A. 2d 515 (1971), the standard by which a court tests the substantiality of the evidence upon which findings of fact are based. Thé evaluation of the considerable evidence in this case is a formidable task. We approached our responsibility here,, mindful. of. what our Supreme [609]*609Court aptly said in Blairsville National Bank v. Myers, 409 Pa. 526, 533-34, 187 A. 2d 655, 659 (1963) :

“A Supreme Court cannot be a Secretary of Banking or a Department of Banking or a Banking Board.

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Bluebook (online)
300 A.2d 823, 7 Pa. Commw. 603, 1973 Pa. Commw. LEXIS 838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-bank-v-department-of-banking-pacommwct-1973.