Section 16a-6-104 - [Effective 1/1/2025] (UCCC) Powers of administrator; reliance on rules and regulations; written administrative interpretations; nationwide mortgage licensing system and registry(1) In addition to other powers granted by this act, the administrator may:(a) Receive and act on complaints, take action designed to obtain voluntary compliance with the provisions of K.S.A. 16a-1-101 et seq., and amendments thereto, or commence proceedings on the administrator's own initiative;(b) provide guidance to persons and groups on their rights and duties under K.S.A. 16a-1-101 et seq., and amendments thereto;(c) establish or support programs for the education of consumers with respect to credit practices : (A) As a condition in settlements of investigations or examinations, the administrator may require a payment designated for consumer education to be expended as directed by the administrator for such purpose; and(B) the administrator may fund consumer education programs from operating funds in an amount up to 1% of operating funds;(d) make studies appropriate to effectuate the purposes and policies of K.S.A. 16a-1-101 et seq., and amendments thereto;(e) adopt, amend and revoke rules and regulations to carry out the specific provisions of K.S.A. 16a-1-101 et seq., and amendments thereto;(f) issue, amend and revoke written administrative interpretations;(g) maintain offices within this state;(h) appoint employees and agents and set such employees' 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 or consumer credit filer, except licensees that 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 et seq., 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 licensee or consumer credit filer and the administrator may control access to any documents and records of a licensee or consumer credit filer;(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 in consultation with the attorney general to 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 the laws of this state;(k) if deemed necessary by the administrator, require fingerprinting of any applicant in accordance with section 2 of 2024 Senate Bill No. 491, and amendments thereto. 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. As used in this paragraph, "applicant" means a licensee, a member of a licensee if such licensee is a copartnership or association, an officer or director if such licensee is a corporation or an agent or other person acting on behalf of a licensee;(l) exchange information regarding the administration of this act with any agency of the United States or any state which regulates the licensee or consumer credit filer 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) use the nationwide mortgage licensing system and registry as a channeling agent for requesting and distributing any information regarding supervised lender licensing to and from any source so directed by the administrator;
(n) 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 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, enforcement actions and other relevant information, to the nationwide mortgage licensing system and registry ; and
(o) require any licensee 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 , the administrator, so far as is consistent with the purposes, policies and provisions of K.S.A. 16a-1-101 et seq., and amendments thereto, may:(a) Before adopting, amending and revoking rules and regulations, advise and consult with administrators in other jurisdictions ; and(b) in adopting, amending and revoking rules and regulations, take into consideration the rules of administrators in other jurisdictions .(4) Except for refund of an excess charge, no liability is imposed under K.S.A. 16a-1-101 et seq., 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 et seq., 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.Amended by L. 2024, ch. 100,§ 3, eff. 1/1/2025.Amended by L. 2024, ch. 15,§ 22, eff. 7/1/2024.Amended by L. 2024, ch. 6,§ 104, eff. 1/1/2025.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.Revisor's Note:
Office of consumer credit commissioner abolished and powers, duties and functions transferred to deputy commissioner for consumer and mortgage lending, see 75-1314 et seq.
This section is set out more than once due to postponed, multiple, or conflicting amendments.