9-2209. Commissioner, powers and duties.
9-2209
9-2209. Commissioner, powers and duties.
(a) The commissioner may exercise the following powers:
(1) Adopt rules and regulations as necessary to carry out
the intent and
purpose of this act
and to implement the requirements of the secure and fair enforcement for
mortgage licensing act of 2008, P.L. 110-289;
(2) make investigations and examinations of the
licensee's or registrant's operations,
books and records as the commissioner deems necessary for the protection of
the
public and control access to any documents and records of the licensee or
registrant under examination or investigation;
(3) charge reasonable costs of investigation,
examination and administration of this act, to be paid by
the applicant, licensee or
registrant.
The commissioner shall establish such fees in such amounts as the
commissioner may determine to be sufficient to meet the budget requirements of
the commissioner for each fiscal year. Charges for administration of this act
shall be based on the licensee's loan volume;
(4) order any licensee or registrant to cease any activity
or practice
which the
commissioner deems to be deceptive, dishonest, violative of state or
federal law or unduly harmful to the interests of the public;
(5) exchange any information regarding the administration
of this act with
any agency of the United States or any state which regulates the licensee
or registrant or
administers statutes, rules and regulations or programs related to mortgage
loans, or which administers statutes, rules and regulations or other
programs related to mortgage loans and to enter into information sharing
arrangements with other governmental agencies or associations representing
governmental agencies which are deemed necessary or beneficial to the
administration of this act;
(6) disclose to any person or entity that an applicant's,
licensee's
or registrant's
application, license or registration has been
denied, suspended, revoked or refused
renewal;
(7) require or permit any person to file a written
statement, under oath
or otherwise as the commissioner may direct, setting forth all the facts and
circumstances concerning any apparent violation of this act, or any rule and
regulation promulgated thereunder or any order issued pursuant to this act;
(8) receive, as a condition in settlement of any
investigation or
examination, a payment designated for consumer education to be expended for
such purpose as directed by the commissioner;
(9) require that any applicant, registrant, licensee or
other person
successfully passes a standardized examination designed to establish such
person's
knowledge of mortgage business transactions and all applicable state and
federal law. Such examinations shall be created and administered by the
commissioner, or the commissioner's designee, and may be made a condition of
application approval or application renewal; and
(10) require that any applicant, licensee, registrant or other person
complete a minimum
number of prelicensing education hours and complete continuing education
hours on an annual basis. Prelicensing and continuing
education courses shall be approved by the commissioner, or the commissioner's
designee, and may be made a condition of application approval and
renewal;
(11) require fingerprinting of any applicant, registrant, licensee,
members
thereof if a
copartnership or association, or officers and directors thereof if a
corporation, or any agent acting
on their behalf, or other person as deemed appropriate by the commissioner.
The commissioner,
or the commissioner's designee, may submit such fingerprints to the Kansas
bureau of
investigation, federal bureau of investigation or other law enforcement agency
for the purposes
of verifying the identity of such persons and obtaining records of their
criminal arrests and
convictions. For the purposes of this section and in order to reduce the
points of contact which the federal bureau of investigation may have to
maintain with the individual states, the commissioner may use the nationwide
mortgage licensing system and registry as a channeling agent for requesting
information from and distributing information to the department of justice or
any governmental agency;
(12) refer such evidence as may be available concerning any violation of this
act or of any rule
and regulation or order hereunder to the attorney general or the proper county
or district attorney,
who may in the prosecutor's discretion, with or without such a referral,
institute the appropriate
criminal proceedings under this act. Upon receipt of such referral, the
attorney general or the
county attorney or district attorney may request that a duly employed attorney
of the
commissioner prosecute or assist in the prosecution of such violation or
violations on behalf of
the state. Upon approval of the commissioner, such employee shall be appointed
a special
prosecutor for the attorney general or the county attorney or district attorney
to serve without
compensation from the attorney general or the county attorney or district
attorney. Such special
prosecutor shall have all the powers and duties prescribed by law for assistant
attorneys general
or assistant county or district attorneys and such other powers and duties as
are lawfully
delegated to such special prosecutor by the attorney general or the county
attorney or district
attorney;
(13) issue and apply to enforce subpoenas in this state at the request of a
comparable official of
another state if the activities constituting an alleged violation for which the
information is sought
would be a violation of the Kansas mortgage business act if the activities had
occurred in this
state;
(14) use the nationwide mortgage licensing system and registry as a
channeling agent for requesting and distributing any information regarding loan
originator or mortgage company licensing to and from any source so directed by
the commissioner;
(15) establish relationships or contracts with the nationwide mortgage
licensing
system and registry or other entities to collect and maintain records and
process transaction fees or other fees related to applicants, licensees,
registrants or other persons subject to this act and to take such other actions
as may be reasonably necessary to participate in the nationwide mortgage
licensing system and registry. The commissioner shall regularly report
violations of law, as well as enforcement actions and other relevant
information to the nationwide mortgage licensing system and registry; and
(16) require any licensee or registrant to file reports with the nationwide
mortgage licensing system and registry in the form prescribed by the
commissioner or the commissioner's designee.
(b) For the purpose of any examination, investigation or proceeding under
this act, the
commissioner or any officer designated by the commissioner may administer oaths
and
affirmations, subpoena witnesses, compel such witnesses' attendance, adduce
evidence and
require the production of any matter which is relevant to the examination or
investigation,
including the existence, description, nature, custody, condition and location
of any books,
documents or other tangible things and the identity and location of persons
having knowledge of
relevant facts, or any other matter reasonably calculated to lead to the
discovery of relevant
information or items.
(c) In case of contumacy by, or refusal to obey a subpoena issued to any
person, any court of
competent jurisdiction, upon application by the commissioner, may issue to that
person an order
requiring the person to appear before the commissioner, or the officer
designated by the
commissioner, there, to produce documentary evidence if so ordered or to give
evidence touching
the matter under investigation or in question. Any failure to obey the order of
the court may be
punished by the court as a contempt of court.
(d) No person is excused from attending and testifying or from producing any
document or
record before the commissioner or in obedience to the subpoena of the
commissioner or any
officer designated by the commissioner or in any proceeding instituted by the
commissioner, on the ground that the testimony or evidence (documentary or
otherwise) required of the person may
tend to incriminate the person or subject the person to a penalty or
forfeiture. No individual may
be prosecuted or subjected to any penalty or forfeiture for or on account of
any transaction,
matter or thing concerning which such person is compelled, after claiming
privilege against self-incrimination, to testify or produce evidence
(documentary or otherwise),
except that the
individual so testifying shall not be exempt from prosecution and punishment
for perjury
committed in so testifying.
History: L. 1996, ch. 175, § 9;
L. 1999, ch. 45, § 9;
L. 2000, ch. 17, § 4;
L. 2001, ch. 88, § 10;
L. 2005, ch. 144, § 4;
L. 2009, ch. 29, § 9; July 1.