9-2209.   Commissioner, powers and duties.(a) The commissioner may exercise the following powers:

      (1)   Adopt rules and regulations as necessary to carry outthe intent andpurpose of this actand to implement the requirements of the secure and fair enforcement formortgage licensing act of 2008, P.L. 110-289;

      (2)   make investigations and examinations of thelicensee's or registrant's operations,books and records as the commissioner deems necessary for the protection ofthepublic and control access to any documents and records of the licensee orregistrant under examination or investigation;

      (3)   charge reasonable costs of investigation,examination and administration of this act, to be paid bythe applicant, licensee orregistrant.The commissioner shall establish such fees in such amounts as thecommissioner may determine to be sufficient to meet the budget requirements ofthe commissioner for each fiscal year. Charges for administration of this actshall be based on the licensee's loan volume;

      (4)   order any licensee or registrant to cease any activityor practicewhich thecommissioner deems to be deceptive, dishonest, violative of state orfederal law or unduly harmful to the interests of the public;

      (5)   exchange any information regarding the administrationof this act withany agency of the United States or any state which regulates the licenseeor registrant oradministers statutes, rules and regulations or programs related to mortgageloans, or which administers statutes, rules and regulations or otherprograms related to mortgage loans and to enter into information sharingarrangements with other governmental agencies or associations representinggovernmental agencies which are deemed necessary or beneficial to theadministration of this act;

      (6)   disclose to any person or entity that an applicant's,licensee'sor registrant'sapplication, license or registration has beendenied, suspended, revoked or refusedrenewal;

      (7)   require or permit any person to file a writtenstatement, under oathor otherwise as the commissioner may direct, setting forth all the facts andcircumstances concerning any apparent violation of this act, or any rule andregulation promulgated thereunder or any order issued pursuant to this act;

      (8)   receive, as a condition in settlement of anyinvestigation orexamination, a payment designated for consumer education to be expended forsuch purpose as directed by the commissioner;

      (9)   require that any applicant, registrant, licensee orother personsuccessfully passes a standardized examination designed to establish suchperson'sknowledge of mortgage business transactions and all applicable state andfederal law. Such examinations shall be created and administered by thecommissioner, or the commissioner's designee, and may be made a condition ofapplication approval or application renewal; and

      (10)   require that any applicant, licensee, registrant or other personcomplete a minimumnumber of prelicensing education hours and complete continuing educationhours on an annual basis. Prelicensing and continuingeducation courses shall be approved by the commissioner, or the commissioner'sdesignee, and may be made a condition of application approval andrenewal;

      (11)   require fingerprinting of any applicant, registrant, licensee,membersthereof if acopartnership or association, or officers and directors thereof if acorporation, or any agent actingon their behalf, or other person as deemed appropriate by the commissioner.The commissioner,or the commissioner's designee, may submit such fingerprints to the Kansasbureau ofinvestigation, federal bureau of investigation or other law enforcement agencyfor the purposesof verifying the identity of such persons and obtaining records of theircriminal arrests andconvictions. For the purposes of this section and in order to reduce thepoints of contact which the federal bureau of investigation may have tomaintain with the individual states, the commissioner may use the nationwidemortgage licensing system and registry as a channeling agent for requestinginformation from and distributing information to the department of justice orany governmental agency;

      (12)   refer such evidence as may be available concerning any violation of thisact or of any ruleand regulation or order hereunder to the attorney general or the proper countyor district attorney,who may in the prosecutor's discretion, with or without such a referral,institute the appropriatecriminal proceedings under this act. Upon receipt of such referral, theattorney general or thecounty attorney or district attorney may request that a duly employed attorneyof thecommissioner prosecute or assist in the prosecution of such violation orviolations on behalf ofthe state. Upon approval of the commissioner, such employee shall be appointeda specialprosecutor for the attorney general or the county attorney or district attorneyto serve withoutcompensation from the attorney general or the county attorney or districtattorney. Such specialprosecutor shall have all the powers and duties prescribed by law for assistantattorneys generalor assistant county or district attorneys and such other powers and duties asare lawfullydelegated to such special prosecutor by the attorney general or the countyattorney or districtattorney;

      (13)   issue and apply to enforce subpoenas in this state at the request of acomparable official ofanother state if the activities constituting an alleged violation for which theinformation is soughtwould be a violation of the Kansas mortgage business act if the activities hadoccurred in thisstate;

      (14)   use the nationwide mortgage licensing system and registry as achanneling agent for requesting and distributing any information regarding loanoriginator or mortgage company licensing to and from any source so directed bythe commissioner;

      (15)   establish relationships or contracts with the nationwide mortgagelicensingsystem and registry or other entities to collect and maintain records andprocess transaction fees or other fees related to applicants, licensees,registrants or other persons subject to this act and to take such other actionsas may be reasonably necessary to participate in the nationwide mortgagelicensing system and registry. The commissioner shall regularly reportviolations of law, as well as enforcement actions and other relevantinformation to the nationwide mortgage licensing system and registry; and

      (16)   require any licensee or registrant to file reports with the nationwidemortgage licensing system and registry in the form prescribed by thecommissioner or the commissioner's designee.

      (b)   For the purpose of any examination, investigation or proceeding underthis act, thecommissioner or any officer designated by the commissioner may administer oathsandaffirmations, subpoena witnesses, compel such witnesses' attendance, adduceevidence andrequire the production of any matter which is relevant to the examination orinvestigation,including the existence, description, nature, custody, condition and locationof any books,documents or other tangible things and the identity and location of personshaving knowledge ofrelevant facts, or any other matter reasonably calculated to lead to thediscovery of relevantinformation or items.

      (c)   In case of contumacy by, or refusal to obey a subpoena issued to anyperson, any court ofcompetent jurisdiction, upon application by the commissioner, may issue to thatperson an orderrequiring the person to appear before the commissioner, or the officerdesignated by thecommissioner, there, to produce documentary evidence if so ordered or to giveevidence touchingthe matter under investigation or in question. Any failure to obey the order ofthe court may bepunished by the court as a contempt of court.

      (d)   No person is excused from attending and testifying or from producing anydocument orrecord before the commissioner or in obedience to the subpoena of thecommissioner or anyofficer designated by the commissioner or in any proceeding instituted by thecommissioner, on the ground that the testimony or evidence (documentary orotherwise) required of the person maytend to incriminate the person or subject the person to a penalty orforfeiture. No individual maybe prosecuted or subjected to any penalty or forfeiture for or on account ofany transaction,matter or thing concerning which such person is compelled, after claimingprivilege against self-incrimination, to testify or produce evidence(documentary or otherwise),except that theindividual so testifying shall not be exempt from prosecution and punishmentfor perjurycommitted 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.