§489D-17  Examinations.  (a)  The
commissioner may conduct an annual on site examination of a licensee upon sixty
days written notice to the licensee.  The commissioner may examine a licensee
without prior notice if the commissioner has a reasonable basis to believe that
the licensee is not in compliance with this chapter.  The on site examination
may be conducted in conjunction with examinations performed by representatives
of agencies of the federal government, or of another state or states.  The
commissioner, in lieu of an on site examination, may accept the examination
report of the federal government, an agency of another state, or an independent
accounting firm.  Accepted reports are considered, for all purposes, an
official report of the commissioner.  The licensee shall bear the cost of
reasonable expenses incurred by the division, agencies of another state, or an
independent licensed or certified public accountant in conducting an
examination or making a report.



(b)  The commissioner may request financial
data from a licensee in addition to that required under section 489D-12, or
conduct an on site examination of any authorized delegate or location of a
licensee within the State without prior notice to the authorized delegate or
licensee only if the commissioner has a reasonable basis to believe that the
licensee or authorized delegate is not in compliance with this chapter.  When
the commissioner examines an authorized delegate's operations, the authorized
delegate shall pay all reasonably incurred costs of the examination.  When the
commissioner examines a licensee's location within the State, the licensee
shall pay all reasonably incurred costs of the examination.



(c)  The commissioner shall charge an
examination fee to each licensed money transmitter and authorized
delegate examined or investigated by the commissioner or the commissioner's
staff, based upon the cost per hour per examiner.  Effective July 1, 2008, the
hourly fee shall be $60.



(d)  In addition to the examination fee, the
commissioner shall charge any money transmitter or authorized delegate examined
or investigated by the commissioner or the commissioner's staff, additional
amounts for travel, per diem, mileage, and other reasonable expenses incurred
in connection with the examination. [L 2006, c 153, pt of §1; am L 2008, c 195,
§11]