Kentucky Statutes 286.9-075 – Complaints filed against licensees — Investigative powers of commissioner
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(1) Any person aggrieved by the conduct of a licensee under this subtitle in connection with the licensee’s regulated activities may file a written complaint with the commissioner who may investigate the complaint.
(2) In the course of the investigation initiated by a complaint or by the commissioner, the commissioner may:
(a) Subpoena witnesses; (b) Administer oaths;
(c) Examine any individual under oath; and
(d) Compel the production of records, books, papers, contracts, or other documents relevant to the investigation.
(3) If any person fails to testify or to comply with a subpoena from the commissioner under this section, the commissioner may petition any court of competent jurisdiction for enforcement.
(4) The license of any licensee under this subtitle who fails to comply with a subpoena of the commissioner may be suspended pending compliance with the subpoena.
(5) The commissioner shall have administrative power to investigate all complaints filed by any person if the complaints are not criminal in nature and if they relate to the check cashing or the deferred deposit service business.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 807, effective July 15, 2010. — Amended
2009 Ky. Acts ch. 98, sec. 20, effective January 1, 2010. — Created 1998 Ky. Acts ch. 601, sec. 12, effective April 14, 1998.
Formerly codified as KRS § 368.075.
Legislative Research Commission Note (7/12/2006). In accordance with 2006 Ky. Acts ch. 247, secs. 38 and 39, this statute has been renumbered as a section of the Kentucky Financial Services Code, KRS Chapter 286, and KRS references within this statute have been adjusted to conform with the 2006 renumbering of that code.
(2) In the course of the investigation initiated by a complaint or by the commissioner, the commissioner may:
Terms Used In Kentucky Statutes 286.9-075
- Cashing: means providing currency for a payment instrument. See Kentucky Statutes 286.9-010
- Check: means any check, draft, money order, personal money order, travelers' check, or other demand instrument for the transmission or payment of money. See Kentucky Statutes 286.9-010
- Commissioner: means the commissioner of the Department of Financial
Institutions. See Kentucky Statutes 286.1-010 - Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Licensee: means a person who has been issued either a check cashing license or a deferred deposit service business license by the commissioner in accordance with this subtitle to conduct check cashing or deferred deposit service business in the Commonwealth. See Kentucky Statutes 286.9-010
- Oath: A promise to tell the truth.
- Person: means a natural person, or any type or form of corporation, company, partnership, proprietorship, association, or other legal entity. See Kentucky Statutes 286.1-010
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
(a) Subpoena witnesses; (b) Administer oaths;
(c) Examine any individual under oath; and
(d) Compel the production of records, books, papers, contracts, or other documents relevant to the investigation.
(3) If any person fails to testify or to comply with a subpoena from the commissioner under this section, the commissioner may petition any court of competent jurisdiction for enforcement.
(4) The license of any licensee under this subtitle who fails to comply with a subpoena of the commissioner may be suspended pending compliance with the subpoena.
(5) The commissioner shall have administrative power to investigate all complaints filed by any person if the complaints are not criminal in nature and if they relate to the check cashing or the deferred deposit service business.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 807, effective July 15, 2010. — Amended
2009 Ky. Acts ch. 98, sec. 20, effective January 1, 2010. — Created 1998 Ky. Acts ch. 601, sec. 12, effective April 14, 1998.
Formerly codified as KRS § 368.075.
Legislative Research Commission Note (7/12/2006). In accordance with 2006 Ky. Acts ch. 247, secs. 38 and 39, this statute has been renumbered as a section of the Kentucky Financial Services Code, KRS Chapter 286, and KRS references within this statute have been adjusted to conform with the 2006 renumbering of that code.