§ 19-14.8-32 - Powers of director or director's designee.
SECTION 19-14.8-32
§ 19-14.8-32 Powers of director ordirector's designee. – (a) The director may act on its own initiative or in response to complaints andmay receive complaints, take action to obtain voluntary compliance with thischapter, refer cases to the attorney general, and seek or provide remedies asprovided in this chapter.
(b) The director may investigate and examine, in this stateor elsewhere, by subpoena or otherwise, the activities, books, accounts, andrecords of a person that provides or offers to provide debt-managementservices, or a person to which a provider has delegated its obligations underan agreement or this chapter, to determine compliance with this chapter.Information that identifies individuals who have agreements with the providershall not be disclosed to the public. In connection with the investigation, thedirector may:
(1) Charge the person the reasonable expenses necessarilyincurred to conduct the examination;
(2) Require or permit a person to file a statement under oathas to all the facts and circumstances of a matter to be investigated; and
(3) Seek a court order authorizing seizure from a bank atwhich the person maintains a trust account required by § 19-14.8-22, anyor all money, books, records, accounts, and other property of the provider thatis in the control of the bank and relates to individuals who reside in thisstate.
(c) The director may adopt rules to implement the provisionsof this chapter in accordance with chapter 42-35.
(d) The director may enter into cooperative arrangements withany other federal or state agency having authority over providers and mayexchange with any of those agencies information about a provider, includinginformation obtained during an examination of the provider.
(e) [Reserved].
(f) The director, by rule, shall adopt dollar amounts insteadof those specified in §§ 19-14.8-2, 19-14.8-5, 19-14.8-9, 19-14.8-13,19-14.8-23, 19-14.8-33, and 19-14.8-35 to reflect inflation, as measured by theUnited States Bureau of Labor Statistics Consumer Price Index for All UrbanConsumers or, if that index is not available, another index adopted by rule bythe director. The director shall adopt a base year and adjust the dollaramounts, effective on July 1 of each year, if the change in the index from thebase year, as of December 31 of the preceding year, is at least ten percent(10%). The dollar amount must be rounded to the nearest one hundred dollars($100), except that the amounts in § 19-14.8-23 must be rounded to thenearest dollar.
(g) The director shall notify registered providers of anychange in dollar amounts made pursuant to subsection (f) of this section andmake that information available to the public.