50-1128.Same; state bank commissioner; powers andduties.This act shall be administered by the commissioner. Inaddition to other powersgranted by thisact, the commissioner, within the limitations provided by law, may exercise thefollowingpowers:
(a) Adopt, amend and revoke rules and regulations as necessary to carry outthe intent andpurpose of this act.
(b) Make any investigation and examination of the registrant's operations,books and records asthe commissioner deems necessary:
(1) For the protection of the public;
(2) to determine whether any registration should be granted, denied orrevoked;
(3) to determine whether any person has violated or is about to violate anyprovision ofthis act, any rule andregulation promulgated thereunder or any order issued thereunder; or
(4) to aid in the enforcement of this act.
(c) For examination purposes the commissioner, or the commissioner'sdesignee, shall have freeand reasonable access to the offices, places of business and all records of theregistrant and theregistrant's related interests that relate to the debt management or creditservices organizationbusiness.The commissioner may designatepersons,including comparable officials of the state in which the records are located,to inspect the recordson the commissioner's behalf.
(d) Charge reasonable costs, including a per diem and actual travel andlodging expenses, ofinvestigation, administration or examination to be paid by the applicant orregistrant underinvestigation, examination or requiring administrative action, and maintain anaction in any courtto recover such costs.
(e) To order any registrant or person to cease any activity or practice whichthe commissionerdeems to be deceptive, dishonest, or a violation of this act, or of other stateor federal law, orunduly harmful to the interests of the public.
(f) Exchange any information regarding the administration of this act withany agency of theUnited States or any state which regulates the applicant or registrant oradministers statutes, rulesand regulations or programs related to debt management or credit servicesorganization laws.The commissioner may release examination reports and correspondence regardingthe reports inconnection with a disciplinary proceeding conducted by the commissioner, aliquidationproceeding or a criminal investigation or proceeding. Additionally, thecommissioner mayfurnish to federal or other state regulatory agencies or any officer orexaminer thereof, a copy ofany or all examination reports and correspondence regarding the reports made bythe commissioner or the commissioner's designees.
(g) Disclose to any person or entity that an applicant's or registrant'sapplication or registrationhas been denied, suspended, revoked or refused renewal.
(h) Require or permit any person to file a written statement, under oath orotherwise as thecommissioner may direct, setting forth all the facts and circumstancesconcerning any apparentviolation of this act, any rule and regulation promulgated hereunder, or anyorder issued pursuantto this act.
(i) Receive, as a condition in settlement of any investigation orexamination, a paymentdesignated for consumer education to be expended for such purpose as directedby thecommissioner.
(j) Delegate the authority to sign any orders, official documents or papersissued under or relatedto this act to the deputy of consumer and mortgage lending in the office of thestate bankcommissioner.
(k) Require fingerprinting of any registrant, agent acting on behalf of aregistrant or otherperson as deemed appropriate by the commissioner, or the commissioner'sdesignee. Thecommissioner, or commissioner's designee, may submit such fingerprints to theKansas bureauof investigation, federal bureau of investigation or other law enforcementagency for thepurposes of verifying the identity of such persons and obtaining records oftheir criminal arrestsand convictions.
(l) Charge, establish and collect from registrants such fees as arenecessary and in such amountsas the commissioner may determine to be sufficient to meet the expenserequirements of thecommissioner in administering this act.
(m) Seize and distribute a registrant's trust account funds to protectconsumers and the publicinterest.
(n) For the purpose of any examination, investigation or proceeding underthis act, thecommissioner or the commissioner's designee may administer oaths andaffirmations, subpoenawitnesses, compel such witnesses' attendance, adduce evidence and require theproduction of anymatter which is relevant to the examination or investigation, including theexistence, description,nature, custody, condition and location of any books, documents or othertangible things and theidentity and location of persons having knowledge of relevant facts, or anyother matterreasonably calculated to lead to the discovery of relevant information oritems.
50-1128.Same; state bank commissioner; powers andduties.This act shall be administered by the commissioner. Inaddition to other powersgranted by thisact, the commissioner, within the limitations provided by law, may exercise thefollowingpowers:
(a) Adopt, amend and revoke rules and regulations as necessary to carry outthe intent andpurpose of this act.
(b) Make any investigation and examination of the registrant's operations,books and records asthe commissioner deems necessary:
(1) For the protection of the public;
(2) to determine whether any registration should be granted, denied orrevoked;
(3) to determine whether any person has violated or is about to violate anyprovision ofthis act, any rule andregulation promulgated thereunder or any order issued thereunder; or
(4) to aid in the enforcement of this act.
(c) For examination purposes the commissioner, or the commissioner'sdesignee, shall have freeand reasonable access to the offices, places of business and all records of theregistrant and theregistrant's related interests that relate to the debt management or creditservices organizationbusiness.The commissioner may designatepersons,including comparable officials of the state in which the records are located,to inspect the recordson the commissioner's behalf.
(d) Charge reasonable costs, including a per diem and actual travel andlodging expenses, ofinvestigation, administration or examination to be paid by the applicant orregistrant underinvestigation, examination or requiring administrative action, and maintain anaction in any courtto recover such costs.
(e) To order any registrant or person to cease any activity or practice whichthe commissionerdeems to be deceptive, dishonest, or a violation of this act, or of other stateor federal law, orunduly harmful to the interests of the public.
(f) Exchange any information regarding the administration of this act withany agency of theUnited States or any state which regulates the applicant or registrant oradministers statutes, rulesand regulations or programs related to debt management or credit servicesorganization laws.The commissioner may release examination reports and correspondence regardingthe reports inconnection with a disciplinary proceeding conducted by the commissioner, aliquidationproceeding or a criminal investigation or proceeding. Additionally, thecommissioner mayfurnish to federal or other state regulatory agencies or any officer orexaminer thereof, a copy ofany or all examination reports and correspondence regarding the reports made bythe commissioner or the commissioner's designees.
(g) Disclose to any person or entity that an applicant's or registrant'sapplication or registrationhas been denied, suspended, revoked or refused renewal.
(h) Require or permit any person to file a written statement, under oath orotherwise as thecommissioner may direct, setting forth all the facts and circumstancesconcerning any apparentviolation of this act, any rule and regulation promulgated hereunder, or anyorder issued pursuantto this act.
(i) Receive, as a condition in settlement of any investigation orexamination, a paymentdesignated for consumer education to be expended for such purpose as directedby thecommissioner.
(j) Delegate the authority to sign any orders, official documents or papersissued under or relatedto this act to the deputy of consumer and mortgage lending in the office of thestate bankcommissioner.
(k) Require fingerprinting of any registrant, agent acting on behalf of aregistrant or otherperson as deemed appropriate by the commissioner, or the commissioner'sdesignee. Thecommissioner, or commissioner's designee, may submit such fingerprints to theKansas bureauof investigation, federal bureau of investigation or other law enforcementagency for thepurposes of verifying the identity of such persons and obtaining records oftheir criminal arrestsand convictions.
(l) Charge, establish and collect from registrants such fees as arenecessary and in such amountsas the commissioner may determine to be sufficient to meet the expenserequirements of thecommissioner in administering this act.
(m) Seize and distribute a registrant's trust account funds to protectconsumers and the publicinterest.
(n) For the purpose of any examination, investigation or proceeding underthis act, thecommissioner or the commissioner's designee may administer oaths andaffirmations, subpoenawitnesses, compel such witnesses' attendance, adduce evidence and require theproduction of anymatter which is relevant to the examination or investigation, including theexistence, description,nature, custody, condition and location of any books, documents or othertangible things and theidentity and location of persons having knowledge of relevant facts, or anyother matterreasonably calculated to lead to the discovery of relevant information oritems.
50-1128.Same; state bank commissioner; powers andduties.This act shall be administered by the commissioner. Inaddition to other powersgranted by thisact, the commissioner, within the limitations provided by law, may exercise thefollowingpowers:
(a) Adopt, amend and revoke rules and regulations as necessary to carry outthe intent andpurpose of this act.
(b) Make any investigation and examination of the registrant's operations,books and records asthe commissioner deems necessary:
(1) For the protection of the public;
(2) to determine whether any registration should be granted, denied orrevoked;
(3) to determine whether any person has violated or is about to violate anyprovision ofthis act, any rule andregulation promulgated thereunder or any order issued thereunder; or
(4) to aid in the enforcement of this act.
(c) For examination purposes the commissioner, or the commissioner'sdesignee, shall have freeand reasonable access to the offices, places of business and all records of theregistrant and theregistrant's related interests that relate to the debt management or creditservices organizationbusiness.The commissioner may designatepersons,including comparable officials of the state in which the records are located,to inspect the recordson the commissioner's behalf.
(d) Charge reasonable costs, including a per diem and actual travel andlodging expenses, ofinvestigation, administration or examination to be paid by the applicant orregistrant underinvestigation, examination or requiring administrative action, and maintain anaction in any courtto recover such costs.
(e) To order any registrant or person to cease any activity or practice whichthe commissionerdeems to be deceptive, dishonest, or a violation of this act, or of other stateor federal law, orunduly harmful to the interests of the public.
(f) Exchange any information regarding the administration of this act withany agency of theUnited States or any state which regulates the applicant or registrant oradministers statutes, rulesand regulations or programs related to debt management or credit servicesorganization laws.The commissioner may release examination reports and correspondence regardingthe reports inconnection with a disciplinary proceeding conducted by the commissioner, aliquidationproceeding or a criminal investigation or proceeding. Additionally, thecommissioner mayfurnish to federal or other state regulatory agencies or any officer orexaminer thereof, a copy ofany or all examination reports and correspondence regarding the reports made bythe commissioner or the commissioner's designees.
(g) Disclose to any person or entity that an applicant's or registrant'sapplication or registrationhas been denied, suspended, revoked or refused renewal.
(h) Require or permit any person to file a written statement, under oath orotherwise as thecommissioner may direct, setting forth all the facts and circumstancesconcerning any apparentviolation of this act, any rule and regulation promulgated hereunder, or anyorder issued pursuantto this act.
(i) Receive, as a condition in settlement of any investigation orexamination, a paymentdesignated for consumer education to be expended for such purpose as directedby thecommissioner.
(j) Delegate the authority to sign any orders, official documents or papersissued under or relatedto this act to the deputy of consumer and mortgage lending in the office of thestate bankcommissioner.
(k) Require fingerprinting of any registrant, agent acting on behalf of aregistrant or otherperson as deemed appropriate by the commissioner, or the commissioner'sdesignee. Thecommissioner, or commissioner's designee, may submit such fingerprints to theKansas bureauof investigation, federal bureau of investigation or other law enforcementagency for thepurposes of verifying the identity of such persons and obtaining records oftheir criminal arrestsand convictions.
(l) Charge, establish and collect from registrants such fees as arenecessary and in such amountsas the commissioner may determine to be sufficient to meet the expenserequirements of thecommissioner in administering this act.
(m) Seize and distribute a registrant's trust account funds to protectconsumers and the publicinterest.
(n) For the purpose of any examination, investigation or proceeding underthis act, thecommissioner or the commissioner's designee may administer oaths andaffirmations, subpoenawitnesses, compel such witnesses' attendance, adduce evidence and require theproduction of anymatter which is relevant to the examination or investigation, including theexistence, description,nature, custody, condition and location of any books, documents or othertangible things and theidentity and location of persons having knowledge of relevant facts, or anyother matterreasonably calculated to lead to the discovery of relevant information oritems.
