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 contrarynotwithstanding, fees and fines collected by the commissioner of financialinstitutions shall be deposited into the compliance resolution fund establishedpursuant to section 26-9(o).
(b)ย The commissioner may appoint financialinstitution examiners, in accordance with chapter 76, who shall examine theaffairs, transactions, accounts, records, documents, and assets of financialinstitutions.ย The commissioner also may appoint administrative supportpersonnel, in accordance with chapter 76, who shall assist and support theexaminers.ย The commissioner may pay the salaries of the financial institutionexaminers and administrative support personnel from the compliance resolutionfund.
(c)ย The compliance resolution fund also may beused to reimburse financial institution examiners and administrative supportpersonnel for the following expenses necessarily incurred on account of anexamination and the education and training of financial institution examinersand administrative support personnel:
(1)ย Actual travel expenses in amounts customary forthese expenses and approved by the commissioner;
(2)ย A reasonable living expense allowance at a ratecustomary for these expenses and approved by the commissioner; and
(3)ย Any fee or tuition necessary to attendeducational and training conferences, workshops, seminars, and any similarevents of this nature.
(d)ย The compliance resolution fund also may beused for other expenses relating to examinations of financial institutions andadministrative costs, including personnel costs of the division and costsincurred by supporting offices and divisions.
(e)ย All persons receiving any reimbursement orcompensation from the compliance resolution fund shall submit to thecommissioner for approval a detailed account of all expenses and compensationnecessarily incurred.ย Persons shall not receive or accept any additionalcompensation on account of an examination.ย In the case of an examination, anyreimbursement or compensation made by the fund and approved by the commissionershall be charged to the financial institution being examined by thecommissioner and all receipts shall be credited to the fund.
(f)ย Moneys in the compliance resolution fundshall not revert to the general fund.
(g)ย The commissioner may annually charge eachfinancial institution subject to examination by the commissioner the sum of$500 plus $100 for each office, agency, and branch office maintained by thefinancial institution, payment of which shall be made before July 2 andthereafter credited to the compliance resolution fund.ย The commissioner mayestablish, increase, decrease, or repeal this fee when necessary pursuant torules adopted in accordance with chapter 91. [L Sp 1995, c 11, ยง5; am L 1996, c207, ยง2; am L 1999, c 129, ยง8; am L 2000, c 253, ยง150; am L 2006, c 228, ยง6 andc 300, ยง14]