(a) With respect to an interstate branch maintained by an out-of-state state bank in this state, the banking commissioner:
(1) with written notice to the home state regulator and subject to the terms of any applicable cooperative agreement with the home state regulator, may examine the branch for the purpose of determining whether the branch is in compliance with the laws of this state that are applicable under Section 24(j), Federal Deposit Insurance Act (12 U.S.C. § 1831a(j)), including laws governing community reinvestment, fair lending, and consumer protection; and
(2) if expressly permitted under and subject to the terms of any cooperative agreement with the home state regulator, or if the bank has been determined to be in a troubled condition by the home state regulator or the bank’s appropriate federal banking agency, may participate in the examination of the bank by the home state regulator to ascertain whether the activities of the branch in this state are being conducted in an unsafe or unsound manner.
(b) For purposes of this section, a bank is considered to be in a troubled condition if the bank:
(1) has a composite rating, as determined in the bank’s most recent report of examination, of four or five under the Uniform Financial Institutions Ratings System;
(2) is subject to a proceeding initiated by the Federal Deposit Insurance Corporation for termination or suspension of deposit insurance; or
(3) is subject to a proceeding initiated by the home state regulator to:
(A) vacate, revoke, or terminate the bank’s charter;
(B) liquidate the bank; or
(C) appoint a receiver for the bank.