ยง412:2-109 - Compliance resolution fund; financial institution examiners.
ยง412:2-109ย Compliance resolution fund;
financial institution examiners.ย (a)ย Any law to the contrary
notwithstanding, fees and fines collected by the commissioner of financial
institutions shall be deposited into the compliance resolution fund established
pursuant to section 26-9(o).
(b)ย The commissioner may appoint financial
institution examiners, in accordance with chapter 76, who shall examine the
affairs, transactions, accounts, records, documents, and assets of financial
institutions.ย The commissioner also may appoint administrative support
personnel, in accordance with chapter 76, who shall assist and support the
examiners.ย The commissioner may pay the salaries of the financial institution
examiners and administrative support personnel from the compliance resolution
fund.
(c)ย The compliance resolution fund also may be
used to reimburse financial institution examiners and administrative support
personnel for the following expenses necessarily incurred on account of an
examination and the education and training of financial institution examiners
and administrative support personnel:
(1)ย Actual travel expenses in amounts customary for
these expenses and approved by the commissioner;
(2)ย A reasonable living expense allowance at a rate
customary for these expenses and approved by the commissioner; and
(3)ย Any fee or tuition necessary to attend
educational and training conferences, workshops, seminars, and any similar
events of this nature.
(d)ย The compliance resolution fund also may be
used for other expenses relating to examinations of financial institutions and
administrative costs, including personnel costs of the division and costs
incurred by supporting offices and divisions.
(e)ย All persons receiving any reimbursement or
compensation from the compliance resolution fund shall submit to the
commissioner for approval a detailed account of all expenses and compensation
necessarily incurred.ย Persons shall not receive or accept any additional
compensation on account of an examination.ย In the case of an examination, any
reimbursement or compensation made by the fund and approved by the commissioner
shall be charged to the financial institution being examined by the
commissioner and all receipts shall be credited to the fund.
(f)ย Moneys in the compliance resolution fund
shall not revert to the general fund.
(g)ย The commissioner may annually charge each
financial institution subject to examination by the commissioner the sum of
$500 plus $100 for each office, agency, and branch office maintained by the
financial institution, payment of which shall be made before July 2 and
thereafter credited to the compliance resolution fund.ย The commissioner may
establish, increase, decrease, or repeal this fee when necessary pursuant to
rules adopted in accordance with chapter 91. [L Sp 1995, c 11, ยง5; am L 1996, c
207, ยง2; am L 1999, c 129, ยง8; am L 2000, c 253, ยง150; am L 2006, c 228, ยง6 and
c 300, ยง14]