16a-6-104.(UCCC) Powers of administrator; reliance
on rules and
regulations; written administrative interpretations; nationwide mortgage
licensing system and registry.
This act shall be administered by the consumer credit commissioner of Kansas
who is also referred to as the administrator. (1) In addition to other
powers granted by this act, the administrator
within the limitations provided by law may:
(a) Receive and act on complaints, take action designed to obtain
voluntary compliance with the provisions of K.S.A. 16a-1-101 to
16a-9-102, inclusive, and amendments thereto,
or commence
proceedings on the administrator's own initiative;
(b) counsel persons and groups on their rights and duties under
K.S.A. 16a-1-101 to 16a-9-102, inclusive, and
amendments thereto;
(c) establish programs for the education of consumers with respect
to credit practices and problems and as a condition in settlements of
investigations or examinations, the administrator may receive a payment
designated for consumer education to be expended as directed by the
administrator for such purpose;
(d) make studies appropriate to effectuate the purposes and policies
of K.S.A. 16a-1-101 to 16a-9-102, inclusive, and amendments thereto;
(e) adopt, amend and revoke rules and regulations to
carry out the
specific provisions of K.S.A. 16a-1-101 to 16a-9-102, inclusive, and amendments
thereto, and to implement the requirements of the secure and fair
enforcement
for mortgage licensing act of 2008 (P.L. 110-289);
(f) issue, amend and revoke written administrative interpretations. Such
written administrative interpretations shall be approved by the attorney
general and published in the Kansas register within 15 days of issuance. The
administrator shall annually publish all written administrative interpretations
in effect;
(g) maintain offices within this state; and
(h) appoint any necessary attorneys, hearing examiners, clerks,
and
other employees and agents and fix their compensation, and authorize
attorneys appointed under this section to appear for and represent the
administrator in court;
(i) examine periodically at intervals the administrator deems appropriate
the loans, business and records of every licensee, registrant or person
filing
notification pursuant to K.S.A. 16a-6-201 through 16a-6-203, and amendments
thereto, except licensees which are
supervised financial organizations. The official or agency responsible for the
supervision of each supervised financial organization shall examine the loans,
business and records of each such organization in the manner and periodically
at intervals prescribed by the administrator. In addition, for the purpose of
discovering violations of K.S.A. 16a-1-101 through 16a-9-102, and amendments
thereto, or securing information lawfully required, the administrator or the
official or agency to whose supervision the organization is subject to K.S.A.
16a-6-105, and amendments thereto, may at any time investigate the loans,
business and records of any supervised lender. For examination purposes the
administrator shall have free and reasonable access to the offices, places of
business and records of the lender, registrant or person filing
notification and the
administrator may control access to any documents and records of a licensee,
registrant or person filing notification under examination;
(j) refer such evidence as may be available concerning violations of this act
or of any rule and regulation or order to the attorney general or the proper
county or district attorney, who may in the prosecutor's discretion, with or
without such a reference, institute the appropriate criminal proceedings under
this act. Upon receipt of such reference, the attorney general or the county
attorney or district attorney may request that a duly employed attorney of the
administrator prosecute or assist in the prosecution of such violation on
behalf of the state. Upon approval of the administrator, such
employee shall be appointed 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 prosecutors by the
attorney general or the county attorney or district attorney;
(k) if deemed necessary by the administrator, require fingerprinting of any
applicant, licensee, members thereof if a
copartnership or association, or officers and directors thereof if a
corporation, or any agent or other person acting on their behalf. The
administrator, or the
administrator'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 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
administrator
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;
(l) exchange information regarding the administration of this act
with any agency of the
United States or any state which regulates the licensee,
registrant or person required to
file notification, or who administers statutes, rules and regulations or other
programs related
to consumer credit
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;
(m) 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
administrator or the administrator's designee and may be made a condition of
the
application approval and renewal;
(n) require that any applicant, licensee, registrant or other person
successfully pass a
standardized examination designed to establish such person's knowledge of
residential
mortgage loan origination transactions and all applicable state and federal
law. Such
examinations shall be created and administered by the administrator or the
administrator's
designee and may be made a condition of application approval;
(o) use the nationwide mortgage licensing system and registry as a channeling
agent for
requesting and distributing any information regarding residential mortgage
loan originator registration
or supervised lender licensing to and from any source so directed by the
administrator;
(p) 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 the
act and to take such other
actions as may be reasonably necessary to participate in the nationwide
mortgage licensing system
and registry. The administrator shall regularly report violations of law, as
well as enforcement actions
and other relevant information, to the nationwide mortgage licensing system and
registry,
and make
publicly available the proposed budget, fees, and audited financial statements
of the nationwide
mortgage licensing system and registry as may be prepared by the nationwide
mortgage licensing
system and registry and provided to the administrator;
(q) require
that any residential mortgage loan originator applicant, registrant or other
person successfully pass a standardized examination designed to establish
such person's
knowledge of mortgage transactions and all applicable state and
federal law. Such
examinations shall be created and administered by the administrator or the
administrator's
designee, and may be made a condition of application approval or application
renewal;
(r) require that any mortgage loan originator
applicant, registrant or other person
complete a minimum number of prelicensing education hours and complete
continuing education hours on an annual
or biannual basis. Prelicensing and continuing education
courses shall be approved by the administrator or the administrator's
designee and may be
made a condition of application approval and renewal; and
(s) require any licensee or registrant to file reports with the nationwide
mortgage
licensing system and registry in the form prescribed by the administrator or
the administrator's designee.
(2) The administrator shall enforce the provisions of
this act and the rules and regulations and interpretations adopted thereunder
with respect to a creditor, unless the creditor's compliance is regulated
exclusively or primarily by another state or federal agency.
(3) To keep the administrator's rules and regulations in harmony
with the rules of administrators in other jurisdictions which enact the
revised uniform consumer credit code, the administrator, so far as is
consistent with the purposes, policies and provisions of K.S.A.
16a-1-101 to 16a-9-102, inclusive, and amendments
thereto, may:
(a) Before adopting, amending and
revoking rules and regulations,
advise and consult with administrators in other jurisdictions which
enact the uniform consumer credit code; and
(b) in adopting, amending and revoking
rules and regulations, take into
consideration the rules of administrators in other jurisdictions which
enact the revised uniform consumer credit code.
(4) Except for refund of an excess charge, no liability is imposed
under K.S.A. 16a-1-101 to 16a-9-102, inclusive, and amendments thereto, for an
act done or omitted in conformity with
a rule and regulation or written administrative interpretation of the
administrator in effect at the time of the act or
omission notwithstanding that after the act or omission the rule
and regulation or written administrative interpretation may be determined by
judicial or other
authority to be invalid for any reason.
(5) The administrator prior to December 1 of each year shall
establish such fees as are authorized under the provisions of K.S.A.
16a-1-101 to 16a-9-102, inclusive, and amendments
thereto, for the
ensuing calendar year in such amounts as the administrator may determine
to be sufficient to meet the budget requirements of the administrator
for each fiscal year.
History: L. 1973, ch. 85, § 97; L. 1976, ch. 98, § 2; L.
1981,
ch. 93, § 17;
L. 1992, ch. 80, § 3;
L. 1999, ch. 107, § 28;
L. 2005, ch. 144, § 18;
L. 2009, ch. 29, § 21; July 1.
16a-6-104.(UCCC) Powers of administrator; reliance
on rules and
regulations; written administrative interpretations; nationwide mortgage
licensing system and registry.
This act shall be administered by the consumer credit commissioner of Kansas
who is also referred to as the administrator. (1) In addition to other
powers granted by this act, the administrator
within the limitations provided by law may:
(a) Receive and act on complaints, take action designed to obtain
voluntary compliance with the provisions of K.S.A. 16a-1-101 to
16a-9-102, inclusive, and amendments thereto,
or commence
proceedings on the administrator's own initiative;
(b) counsel persons and groups on their rights and duties under
K.S.A. 16a-1-101 to 16a-9-102, inclusive, and
amendments thereto;
(c) establish programs for the education of consumers with respect
to credit practices and problems and as a condition in settlements of
investigations or examinations, the administrator may receive a payment
designated for consumer education to be expended as directed by the
administrator for such purpose;
(d) make studies appropriate to effectuate the purposes and policies
of K.S.A. 16a-1-101 to 16a-9-102, inclusive, and amendments thereto;
(e) adopt, amend and revoke rules and regulations to
carry out the
specific provisions of K.S.A. 16a-1-101 to 16a-9-102, inclusive, and amendments
thereto, and to implement the requirements of the secure and fair
enforcement
for mortgage licensing act of 2008 (P.L. 110-289);
(f) issue, amend and revoke written administrative interpretations. Such
written administrative interpretations shall be approved by the attorney
general and published in the Kansas register within 15 days of issuance. The
administrator shall annually publish all written administrative interpretations
in effect;
(g) maintain offices within this state; and
(h) appoint any necessary attorneys, hearing examiners, clerks,
and
other employees and agents and fix their compensation, and authorize
attorneys appointed under this section to appear for and represent the
administrator in court;
(i) examine periodically at intervals the administrator deems appropriate
the loans, business and records of every licensee, registrant or person
filing
notification pursuant to K.S.A. 16a-6-201 through 16a-6-203, and amendments
thereto, except licensees which are
supervised financial organizations. The official or agency responsible for the
supervision of each supervised financial organization shall examine the loans,
business and records of each such organization in the manner and periodically
at intervals prescribed by the administrator. In addition, for the purpose of
discovering violations of K.S.A. 16a-1-101 through 16a-9-102, and amendments
thereto, or securing information lawfully required, the administrator or the
official or agency to whose supervision the organization is subject to K.S.A.
16a-6-105, and amendments thereto, may at any time investigate the loans,
business and records of any supervised lender. For examination purposes the
administrator shall have free and reasonable access to the offices, places of
business and records of the lender, registrant or person filing
notification and the
administrator may control access to any documents and records of a licensee,
registrant or person filing notification under examination;
(j) refer such evidence as may be available concerning violations of this act
or of any rule and regulation or order to the attorney general or the proper
county or district attorney, who may in the prosecutor's discretion, with or
without such a reference, institute the appropriate criminal proceedings under
this act. Upon receipt of such reference, the attorney general or the county
attorney or district attorney may request that a duly employed attorney of the
administrator prosecute or assist in the prosecution of such violation on
behalf of the state. Upon approval of the administrator, such
employee shall be appointed 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 prosecutors by the
attorney general or the county attorney or district attorney;
(k) if deemed necessary by the administrator, require fingerprinting of any
applicant, licensee, members thereof if a
copartnership or association, or officers and directors thereof if a
corporation, or any agent or other person acting on their behalf. The
administrator, or the
administrator'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 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
administrator
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;
(l) exchange information regarding the administration of this act
with any agency of the
United States or any state which regulates the licensee,
registrant or person required to
file notification, or who administers statutes, rules and regulations or other
programs related
to consumer credit
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;
(m) 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
administrator or the administrator's designee and may be made a condition of
the
application approval and renewal;
(n) require that any applicant, licensee, registrant or other person
successfully pass a
standardized examination designed to establish such person's knowledge of
residential
mortgage loan origination transactions and all applicable state and federal
law. Such
examinations shall be created and administered by the administrator or the
administrator's
designee and may be made a condition of application approval;
(o) use the nationwide mortgage licensing system and registry as a channeling
agent for
requesting and distributing any information regarding residential mortgage
loan originator registration
or supervised lender licensing to and from any source so directed by the
administrator;
(p) 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 the
act and to take such other
actions as may be reasonably necessary to participate in the nationwide
mortgage licensing system
and registry. The administrator shall regularly report violations of law, as
well as enforcement actions
and other relevant information, to the nationwide mortgage licensing system and
registry,
and make
publicly available the proposed budget, fees, and audited financial statements
of the nationwide
mortgage licensing system and registry as may be prepared by the nationwide
mortgage licensing
system and registry and provided to the administrator;
(q) require
that any residential mortgage loan originator applicant, registrant or other
person successfully pass a standardized examination designed to establish
such person's
knowledge of mortgage transactions and all applicable state and
federal law. Such
examinations shall be created and administered by the administrator or the
administrator's
designee, and may be made a condition of application approval or application
renewal;
(r) require that any mortgage loan originator
applicant, registrant or other person
complete a minimum number of prelicensing education hours and complete
continuing education hours on an annual
or biannual basis. Prelicensing and continuing education
courses shall be approved by the administrator or the administrator's
designee and may be
made a condition of application approval and renewal; and
(s) require any licensee or registrant to file reports with the nationwide
mortgage
licensing system and registry in the form prescribed by the administrator or
the administrator's designee.
(2) The administrator shall enforce the provisions of
this act and the rules and regulations and interpretations adopted thereunder
with respect to a creditor, unless the creditor's compliance is regulated
exclusively or primarily by another state or federal agency.
(3) To keep the administrator's rules and regulations in harmony
with the rules of administrators in other jurisdictions which enact the
revised uniform consumer credit code, the administrator, so far as is
consistent with the purposes, policies and provisions of K.S.A.
16a-1-101 to 16a-9-102, inclusive, and amendments
thereto, may:
(a) Before adopting, amending and
revoking rules and regulations,
advise and consult with administrators in other jurisdictions which
enact the uniform consumer credit code; and
(b) in adopting, amending and revoking
rules and regulations, take into
consideration the rules of administrators in other jurisdictions which
enact the revised uniform consumer credit code.
(4) Except for refund of an excess charge, no liability is imposed
under K.S.A. 16a-1-101 to 16a-9-102, inclusive, and amendments thereto, for an
act done or omitted in conformity with
a rule and regulation or written administrative interpretation of the
administrator in effect at the time of the act or
omission notwithstanding that after the act or omission the rule
and regulation or written administrative interpretation may be determined by
judicial or other
authority to be invalid for any reason.
(5) The administrator prior to December 1 of each year shall
establish such fees as are authorized under the provisions of K.S.A.
16a-1-101 to 16a-9-102, inclusive, and amendments
thereto, for the
ensuing calendar year in such amounts as the administrator may determine
to be sufficient to meet the budget requirements of the administrator
for each fiscal year.
History: L. 1973, ch. 85, § 97; L. 1976, ch. 98, § 2; L.
1981,
ch. 93, § 17;
L. 1992, ch. 80, § 3;
L. 1999, ch. 107, § 28;
L. 2005, ch. 144, § 18;
L. 2009, ch. 29, § 21; July 1.
16a-6-104.(UCCC) Powers of administrator; reliance
on rules and
regulations; written administrative interpretations; nationwide mortgage
licensing system and registry.
This act shall be administered by the consumer credit commissioner of Kansas
who is also referred to as the administrator. (1) In addition to other
powers granted by this act, the administrator
within the limitations provided by law may:
(a) Receive and act on complaints, take action designed to obtain
voluntary compliance with the provisions of K.S.A. 16a-1-101 to
16a-9-102, inclusive, and amendments thereto,
or commence
proceedings on the administrator's own initiative;
(b) counsel persons and groups on their rights and duties under
K.S.A. 16a-1-101 to 16a-9-102, inclusive, and
amendments thereto;
(c) establish programs for the education of consumers with respect
to credit practices and problems and as a condition in settlements of
investigations or examinations, the administrator may receive a payment
designated for consumer education to be expended as directed by the
administrator for such purpose;
(d) make studies appropriate to effectuate the purposes and policies
of K.S.A. 16a-1-101 to 16a-9-102, inclusive, and amendments thereto;
(e) adopt, amend and revoke rules and regulations to
carry out the
specific provisions of K.S.A. 16a-1-101 to 16a-9-102, inclusive, and amendments
thereto, and to implement the requirements of the secure and fair
enforcement
for mortgage licensing act of 2008 (P.L. 110-289);
(f) issue, amend and revoke written administrative interpretations. Such
written administrative interpretations shall be approved by the attorney
general and published in the Kansas register within 15 days of issuance. The
administrator shall annually publish all written administrative interpretations
in effect;
(g) maintain offices within this state; and
(h) appoint any necessary attorneys, hearing examiners, clerks,
and
other employees and agents and fix their compensation, and authorize
attorneys appointed under this section to appear for and represent the
administrator in court;
(i) examine periodically at intervals the administrator deems appropriate
the loans, business and records of every licensee, registrant or person
filing
notification pursuant to K.S.A. 16a-6-201 through 16a-6-203, and amendments
thereto, except licensees which are
supervised financial organizations. The official or agency responsible for the
supervision of each supervised financial organization shall examine the loans,
business and records of each such organization in the manner and periodically
at intervals prescribed by the administrator. In addition, for the purpose of
discovering violations of K.S.A. 16a-1-101 through 16a-9-102, and amendments
thereto, or securing information lawfully required, the administrator or the
official or agency to whose supervision the organization is subject to K.S.A.
16a-6-105, and amendments thereto, may at any time investigate the loans,
business and records of any supervised lender. For examination purposes the
administrator shall have free and reasonable access to the offices, places of
business and records of the lender, registrant or person filing
notification and the
administrator may control access to any documents and records of a licensee,
registrant or person filing notification under examination;
(j) refer such evidence as may be available concerning violations of this act
or of any rule and regulation or order to the attorney general or the proper
county or district attorney, who may in the prosecutor's discretion, with or
without such a reference, institute the appropriate criminal proceedings under
this act. Upon receipt of such reference, the attorney general or the county
attorney or district attorney may request that a duly employed attorney of the
administrator prosecute or assist in the prosecution of such violation on
behalf of the state. Upon approval of the administrator, such
employee shall be appointed 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 prosecutors by the
attorney general or the county attorney or district attorney;
(k) if deemed necessary by the administrator, require fingerprinting of any
applicant, licensee, members thereof if a
copartnership or association, or officers and directors thereof if a
corporation, or any agent or other person acting on their behalf. The
administrator, or the
administrator'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 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
administrator
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;
(l) exchange information regarding the administration of this act
with any agency of the
United States or any state which regulates the licensee,
registrant or person required to
file notification, or who administers statutes, rules and regulations or other
programs related
to consumer credit
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;
(m) 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
administrator or the administrator's designee and may be made a condition of
the
application approval and renewal;
(n) require that any applicant, licensee, registrant or other person
successfully pass a
standardized examination designed to establish such person's knowledge of
residential
mortgage loan origination transactions and all applicable state and federal
law. Such
examinations shall be created and administered by the administrator or the
administrator's
designee and may be made a condition of application approval;
(o) use the nationwide mortgage licensing system and registry as a channeling
agent for
requesting and distributing any information regarding residential mortgage
loan originator registration
or supervised lender licensing to and from any source so directed by the
administrator;
(p) 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 the
act and to take such other
actions as may be reasonably necessary to participate in the nationwide
mortgage licensing system
and registry. The administrator shall regularly report violations of law, as
well as enforcement actions
and other relevant information, to the nationwide mortgage licensing system and
registry,
and make
publicly available the proposed budget, fees, and audited financial statements
of the nationwide
mortgage licensing system and registry as may be prepared by the nationwide
mortgage licensing
system and registry and provided to the administrator;
(q) require
that any residential mortgage loan originator applicant, registrant or other
person successfully pass a standardized examination designed to establish
such person's
knowledge of mortgage transactions and all applicable state and
federal law. Such
examinations shall be created and administered by the administrator or the
administrator's
designee, and may be made a condition of application approval or application
renewal;
(r) require that any mortgage loan originator
applicant, registrant or other person
complete a minimum number of prelicensing education hours and complete
continuing education hours on an annual
or biannual basis. Prelicensing and continuing education
courses shall be approved by the administrator or the administrator's
designee and may be
made a condition of application approval and renewal; and
(s) require any licensee or registrant to file reports with the nationwide
mortgage
licensing system and registry in the form prescribed by the administrator or
the administrator's designee.
(2) The administrator shall enforce the provisions of
this act and the rules and regulations and interpretations adopted thereunder
with respect to a creditor, unless the creditor's compliance is regulated
exclusively or primarily by another state or federal agency.
(3) To keep the administrator's rules and regulations in harmony
with the rules of administrators in other jurisdictions which enact the
revised uniform consumer credit code, the administrator, so far as is
consistent with the purposes, policies and provisions of K.S.A.
16a-1-101 to 16a-9-102, inclusive, and amendments
thereto, may:
(a) Before adopting, amending and
revoking rules and regulations,
advise and consult with administrators in other jurisdictions which
enact the uniform consumer credit code; and
(b) in adopting, amending and revoking
rules and regulations, take into
consideration the rules of administrators in other jurisdictions which
enact the revised uniform consumer credit code.
(4) Except for refund of an excess charge, no liability is imposed
under K.S.A. 16a-1-101 to 16a-9-102, inclusive, and amendments thereto, for an
act done or omitted in conformity with
a rule and regulation or written administrative interpretation of the
administrator in effect at the time of the act or
omission notwithstanding that after the act or omission the rule
and regulation or written administrative interpretation may be determined by
judicial or other
authority to be invalid for any reason.
(5) The administrator prior to December 1 of each year shall
establish such fees as are authorized under the provisions of K.S.A.
16a-1-101 to 16a-9-102, inclusive, and amendments
thereto, for the
ensuing calendar year in such amounts as the administrator may determine
to be sufficient to meet the budget requirements of the administrator
for each fiscal year.
History: L. 1973, ch. 85, § 97; L. 1976, ch. 98, § 2; L.
1981,
ch. 93, § 17;
L. 1992, ch. 80, § 3;
L. 1999, ch. 107, § 28;
L. 2005, ch. 144, § 18;
L. 2009, ch. 29, § 21; July 1.