9-2216.Retention of records; time period;
inspection of records; security of records; preservation of records.
(a) A licensee shall keep copies of
all documents or correspondence
received
or prepared by the licensee or registrant in connection with a loan or
loan application and those records and documents required by the
commissioner by rules and regulations adopted pursuant to K.S.A.
9-2209, and amendments thereto, for such time frames as are specified in the
rules and regulations.
If the loan is not serviced by a licensee, the
retention period commences on
the date the loan is closed or, if the loan
is not closed, the date of the loan application. If the loan is serviced by a
licensee, the retention period commences on the date
the loan is paid in full
or the date the licensee ceases to service the loan.
(b) All books, records and any other documents held by the
licensee shall
be made available for examination and inspection by the commissioner or the
commissioner's designee. Certified copies of all records not kept within this
state shall be delivered to the commissioner within three business days of the
date such documents are requested.
(c) Each licensee shall establish, maintain and enforce written policies
and
procedures
regarding security of records which are reasonably designed to prevent the
misuse of a
consumer's personal or financial information.
(d) Before ceasing to conduct or discontinuing business, a licensee shall
arrange for and
be responsible for the preservation of the books and records required to be
maintained and
preserved under this act and applicable regulations for the remainder of each
period specified.
(e) Any records required to be retained may be maintained and preserved by
noneraseable, nonalterable electronic imaging or by photograph on film. If
the records are
produced or reproduced by photographic film, electronic imaging or computer
storage medium
the licensee shall meet the following criteria:
(1) Arrange the records and index the films, electronic image or computer
storage media
to permit immediate location of any particular record;
(2) be ready at all times to promptly provide a facsimile enlargement of
film, a computer
printout or a copy of the electronic images or computer storage medium that
the commissioner
may request; and
(3) with respect to electronic images and records stored on computer storage
medium,
maintain procedures for maintenance and preservation of, and access to, records
in order to
reasonably safeguard these records from loss, alteration or destruction.
(f) No person required to be licensed or registered under
this act shall:
(1) Alter, destroy, shred, mutilate, conceal, cover up or falsify any record
with the intent to impede, obstruct or influence any investigation by the
commissioner or the commissioner's designee; or
(2) alter, destroy, shred, mutilate or conceal a record with the intent to
impair the object's integrity or availability for use in a proceeding before
the commissioner or a proceeding brought by the commissioner.
History: L. 1999, ch. 45, § 15;
L. 2001, ch. 88, § 16;
L. 2005, ch. 144, § 6;
L. 2009, ch. 29, § 12; July 1.
9-2216.Retention of records; time period;
inspection of records; security of records; preservation of records.
(a) A licensee shall keep copies of
all documents or correspondence
received
or prepared by the licensee or registrant in connection with a loan or
loan application and those records and documents required by the
commissioner by rules and regulations adopted pursuant to K.S.A.
9-2209, and amendments thereto, for such time frames as are specified in the
rules and regulations.
If the loan is not serviced by a licensee, the
retention period commences on
the date the loan is closed or, if the loan
is not closed, the date of the loan application. If the loan is serviced by a
licensee, the retention period commences on the date
the loan is paid in full
or the date the licensee ceases to service the loan.
(b) All books, records and any other documents held by the
licensee shall
be made available for examination and inspection by the commissioner or the
commissioner's designee. Certified copies of all records not kept within this
state shall be delivered to the commissioner within three business days of the
date such documents are requested.
(c) Each licensee shall establish, maintain and enforce written policies
and
procedures
regarding security of records which are reasonably designed to prevent the
misuse of a
consumer's personal or financial information.
(d) Before ceasing to conduct or discontinuing business, a licensee shall
arrange for and
be responsible for the preservation of the books and records required to be
maintained and
preserved under this act and applicable regulations for the remainder of each
period specified.
(e) Any records required to be retained may be maintained and preserved by
noneraseable, nonalterable electronic imaging or by photograph on film. If
the records are
produced or reproduced by photographic film, electronic imaging or computer
storage medium
the licensee shall meet the following criteria:
(1) Arrange the records and index the films, electronic image or computer
storage media
to permit immediate location of any particular record;
(2) be ready at all times to promptly provide a facsimile enlargement of
film, a computer
printout or a copy of the electronic images or computer storage medium that
the commissioner
may request; and
(3) with respect to electronic images and records stored on computer storage
medium,
maintain procedures for maintenance and preservation of, and access to, records
in order to
reasonably safeguard these records from loss, alteration or destruction.
(f) No person required to be licensed or registered under
this act shall:
(1) Alter, destroy, shred, mutilate, conceal, cover up or falsify any record
with the intent to impede, obstruct or influence any investigation by the
commissioner or the commissioner's designee; or
(2) alter, destroy, shred, mutilate or conceal a record with the intent to
impair the object's integrity or availability for use in a proceeding before
the commissioner or a proceeding brought by the commissioner.
History: L. 1999, ch. 45, § 15;
L. 2001, ch. 88, § 16;
L. 2005, ch. 144, § 6;
L. 2009, ch. 29, § 12; July 1.
9-2216.Retention of records; time period;
inspection of records; security of records; preservation of records.
(a) A licensee shall keep copies of
all documents or correspondence
received
or prepared by the licensee or registrant in connection with a loan or
loan application and those records and documents required by the
commissioner by rules and regulations adopted pursuant to K.S.A.
9-2209, and amendments thereto, for such time frames as are specified in the
rules and regulations.
If the loan is not serviced by a licensee, the
retention period commences on
the date the loan is closed or, if the loan
is not closed, the date of the loan application. If the loan is serviced by a
licensee, the retention period commences on the date
the loan is paid in full
or the date the licensee ceases to service the loan.
(b) All books, records and any other documents held by the
licensee shall
be made available for examination and inspection by the commissioner or the
commissioner's designee. Certified copies of all records not kept within this
state shall be delivered to the commissioner within three business days of the
date such documents are requested.
(c) Each licensee shall establish, maintain and enforce written policies
and
procedures
regarding security of records which are reasonably designed to prevent the
misuse of a
consumer's personal or financial information.
(d) Before ceasing to conduct or discontinuing business, a licensee shall
arrange for and
be responsible for the preservation of the books and records required to be
maintained and
preserved under this act and applicable regulations for the remainder of each
period specified.
(e) Any records required to be retained may be maintained and preserved by
noneraseable, nonalterable electronic imaging or by photograph on film. If
the records are
produced or reproduced by photographic film, electronic imaging or computer
storage medium
the licensee shall meet the following criteria:
(1) Arrange the records and index the films, electronic image or computer
storage media
to permit immediate location of any particular record;
(2) be ready at all times to promptly provide a facsimile enlargement of
film, a computer
printout or a copy of the electronic images or computer storage medium that
the commissioner
may request; and
(3) with respect to electronic images and records stored on computer storage
medium,
maintain procedures for maintenance and preservation of, and access to, records
in order to
reasonably safeguard these records from loss, alteration or destruction.
(f) No person required to be licensed or registered under
this act shall:
(1) Alter, destroy, shred, mutilate, conceal, cover up or falsify any record
with the intent to impede, obstruct or influence any investigation by the
commissioner or the commissioner's designee; or
(2) alter, destroy, shred, mutilate or conceal a record with the intent to
impair the object's integrity or availability for use in a proceeding before
the commissioner or a proceeding brought by the commissioner.
History: L. 1999, ch. 45, § 15;
L. 2001, ch. 88, § 16;
L. 2005, ch. 144, § 6;
L. 2009, ch. 29, § 12; July 1.