§ 13-05-06 — Powers of the department of financial institutions

Insofar as consistent with other provisions of law, the department of financial institutions has
the power to:
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 licensee or licensee's place of
business, including all records of such business, and to subpoena witnesses anytime it
has reason to believe such is necessary to ensure and enforce compliance with state
and federal rules and regulations. The licensee shall pay an examination or visitation
fee and must be charged by the department of financial institutions 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 paid to the state treasurer and deposited in the financial institutions
regulatory fund.
3. Establish codes of ethical conduct for licensees.
4. Adopt any and all rules and regulations necessary to carry out the purpose of this
chapter.
5. Issue and serve upon any person or licensed collection agency an order to cease and
desist to take corrective action when the department 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 the
provisions of chapter 28-32 by filing written notice of appeal within twenty days after
service of the order.
6. If the commissioner determines a licensee is insolvent, or the license has expired or
terminated for any reason, the commissioner, on determining such action necessary to
protect the public interest, may apply to the district court for the county in which the
main office of such licensee is located for appointment of a receiver to receive the
assets of the licensee for the purpose of liquidating its business or for such other relief
as the nature of the case and the interest of the claimants may require. The
reasonable and necessary expenses of the receivership shall constitute the first claim
on the bond.