(II) THE COMMISSIONER DETERMINES THAT IT WILL BE AN
EFFECTIVE AND EFFICIENT SERVICE, CONSISTENT WITH SOUND BANKING
PRACTICE, AND THE SECURITY OF THE TRANSACTIONS.

(2) (I) THE COMMISSIONER SHALL DETERMINE WHETHER TO
APPROVE AN APPLICATION FOR AN AUTOMATED TELLER MACHINE WITHIN 30 DAYS
AFTER THE RECEIPT OF A COMPLETED APPLICATION.

(II) AN APPLICATION FOR AN AUTOMATED TELLER MACHINE
SHALL BE DEEMED APPROVED IF THE COMMISSIONER TAKES NO ACTION WITHIN
THE 30-DAY PERIOD SPECIFIED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.

(C) (1) AN AUTOMATED TELLER MACHINE MAY RECEIVE AND DISPENSE
MONEY AS INSTRUCTED BY A CUSTOMER

(2) A BANKING INSTITUTION MAY VERIFY BY DIRECT WIRE
TRANSMISSION OR OTHERWISE ANY TRANSACTION THAT IS MADE BY MEANS OF AN
AUTOMATED TELLER MACHINE.

(3) THE COMMISSIONER MAY ADOPT RULES AND REGULATIONS THAT
ARE SUBSTANTIALLY SIMILAR TO THOSE RULES AND REGULATIONS OF THE
COMPTROLLER OF THE CURRENCY FOR THE OPERATION AND SHARED USE OF
AUTOMATED TELLER MACHINES BY NATIONAL BANKING ASSOCIATIONS.

(D) (1) IF, AFTER AN AUTOMATED TELLER MACHINE IS APPROVED, ANY
REQUIREMENT OF THIS SECTION IS NOT BEING MET, THE COMMISSIONER SHALL
GIVE THE BANKING RESTITUTION NOTICE OF THE DEFICIENCY.

(2) ON NOTICE OF DEFICIENCY, A BANKING INSTITUTION SHALL STOP
USING THE ELECTRONIC TERMINAL.

(3) IF THE COMMISSIONER DETERMINES THAT THE DEFICIENCY HAS
BEEN CORRECTED, THE BANKING INSTITUTION MAY RESUME USE OF THE
AUTOMATED TELLER MACHINE.

(E) FOR PURPOSES OF THIS ARTICLE, AN AUTOMATED TELLER MACHINE IS
NOT A BRANCH OF A BANKING INSTITUTION.

1-404.

(A) AT OR BEFORE THE TIME A TRANSACTION IS INITIATED, THE OPERATOR
OF AN AUTOMATED TELLER MACHINE SHALL PROVIDE THE PERSON USING THE
AUTOMATED TELLER MACHINE WITH NOTICE OF THE FEE TO BE CHARGED BY THE
OPERATOR FOR USE OF THE AUTOMATED TELLER MACHINE BY PERSONS USING
ACCESS DEVICES NOT ISSUED BY THE OPERATOR

(B) (1) THE OPERATOR MAY GIVE THE NOTICE REQUIRED UNDER
SUBSECTION (A) OF THIS SECTION BY EITHER:

(I) POSTING IN A CONSPICUOUS PLACE ON OR NEAR THE
AUTOMATED TELLER MACHINE THE AMOUNT OF THE FEE; OR