North Dakota Code 13-11-26 – Powers of the commissioner
Insofar as consistent with other provisions of law, the commissioner may:
Terms Used In North Dakota Code 13-11-26
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Subpoena: A command to a witness to appear and give testimony.
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
1. Determine the qualifications of all applicants based on financial responsibility, financial condition, business experience, character, and general fitness which must reasonably warrant the belief that the applicant’s business will be conducted lawfully and fairly. In determining whether this qualification is met, and for the purpose of investigating compliance with this chapter, the commissioner may review and consider the relevant business records and capital adequacy of the applicant and the competence, experience, integrity, and financial ability of a person who is a member, partner, director, officer, or twenty-five percent or more shareholder of the applicant.
2. Conduct investigations and make an examination of any person, whether licensed or not, who is engaged in the debt-settlement services business, including all records of such business, and to subpoena witnesses anytime the commissioner has reason to believe such is necessary. The licensee shall pay an examination or visitation fee and must be charged by the commissioner at an hourly rate to be set by the commissioner, sufficient to cover all reasonable expenses of the department associated with the examination or visitation provided for by this section. Fees must be deposited in the financial institutions regulatory fund.
3. Issue and serve upon any person or licensed debt-settlement provider an order to cease and desist to take corrective action when the commissioner has reason to believe the person or agency is violating, has violated, or is about to violate the provisions of this chapter. An interested party may appeal issuance of a cease and desist order under chapter 28-32 by filing written notice of appeal within twenty days after service of the order.
4. Deny, suspend, revoke, condition, or decline to renew a license for a violation of this chapter, rules or regulations issued under this chapter, or an order or directive entered under this chapter.
5. Deny, suspend, revoke, condition, or decline to renew a license if an applicant or licensee withholds information or makes a material misstatement in an application for a license or renewal of a license.