§412:2-109 Compliance resolution fund; financial institution examiners. (a) Any law to the contrary notwithstanding, fees and fines collected by the commissioner of financial institutions shall be deposited into the compliance resolution fund established pursuant to section 26-9(o).
(b) The commissioner may appoint financial institution examiners, in accordance with chapter 76, who shall examine the affairs, transactions, accounts, records, documents, and assets of financial institutions. The commissioner also may appoint administrative support personnel, in accordance with chapter 76, who shall assist and support the examiners. The commissioner may pay the salaries of the financial institution examiners and administrative support personnel from the compliance resolution fund.
(c) The compliance resolution fund also may be used to reimburse financial institution examiners and administrative support personnel for the following expenses necessarily incurred on account of an examination and the education and training of financial institution examiners and administrative support personnel:
(1) Actual travel expenses in amounts customary for these expenses and approved by the commissioner;
(2) A reasonable living expense allowance at a rate customary for these expenses and approved by the commissioner; and
(3) Any fee or tuition necessary to attend educational and training conferences, workshops, seminars, and any similar events of this nature.
(d) The compliance resolution fund also may be used for other expenses relating to examinations of financial institutions and administrative costs, including personnel costs of the division and costs incurred by supporting offices and divisions.
(e) All persons receiving any reimbursement or compensation from the compliance resolution fund shall submit to the commissioner for approval a detailed account of all expenses and compensation necessarily incurred. Persons shall not receive or accept any additional compensation on account of an examination. In the case of an examination, any reimbursement or compensation made by the fund and approved by the commissioner shall be charged to the financial institution being examined by the commissioner and all receipts shall be credited to the fund.
(f) Moneys in the compliance resolution fund shall not revert to the general fund.
(g) The commissioner may annually charge each financial institution subject to examination by the commissioner the sum of $500 plus $100 for each office, agency, and branch office maintained by the financial institution, payment of which shall be made before July 2 and thereafter credited to the compliance resolution fund. The commissioner may establish, increase, decrease, or repeal this fee when necessary pursuant to rules adopted in accordance with chapter 91. [L Sp 1995, c 11, §5; am L 1996, c 207, §2; am L 1999, c 129, §8; am L 2000, c 253, §150; am L 2006, c 228, §6 and c 300, §14]
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