§485A-606 - Rules, forms, orders, interpretative opinions, and hearings.
[§485A-606] Rules, forms, orders, [interpretative]
opinions, and hearings. (a) The commissioner may adopt, amend, and
repeal, pursuant to chapter 91, such rules as may be necessary to carry out the
purposes of this chapter. Notwithstanding this subsection, the commissioner
may adopt, amend, and repeal forms and orders necessary to implement this
chapter without regard to chapter 91. No form or order shall be adopted,
amended, or repealed without regard to chapter 91, unless the commissioner
finds that the action is in the public interest, necessary or appropriate for
the protection of investors, and consistent with the purposes of this chapter.
(b) Subject to section 15(h) of the Securities
Exchange Act (15 U.S.C. 780) and section 222 of the Investment Advisers Act of
1940 (15 U.S.C. 806-18a), the commissioner may require that a financial
statement filed under this chapter be prepared in accordance with generally
accepted accounting principles in the United States and comply with other
requirements specified by rule adopted or order issued under this chapter. A
rule adopted or order issued under this chapter may establish:
(1) Subject to section 15(h) of the Securities
Exchange Act (15 U.S.C. 780) and section 222 of the Investment [Advisers] Act
of 1940 (15 U.S.C. 806-18a), the form and content of financial statements
required under this chapter;
(2) Whether unconsolidated financial statements must
be filed; and
(3) Whether required financial statements must be
audited by an independent certified public accountant.
(c) The commissioner may provide
interpretative opinions or issue determinations that the commissioner will not
institute a proceeding or an action under this chapter against a specified
person for engaging in a specified act, practice, or course of business if the
determination is consistent with this chapter. A rule adopted or order issued
under this chapter may establish a reasonable charge for interpretative
opinions or determinations that the commissioner will not institute an action
or a proceeding under this chapter.
(d) A hearing in an administrative proceeding
under this chapter shall be conducted in public unless the commissioner for
good cause consistent with this chapter determines that the hearing will not be
so conducted. [L 2006, c 229, pt of §1]