16a-6-407 (UCCC) Petition for adoption, amendment or repeal of rules.
16a-6-407. (UCCC) Petition for adoption, amendment or repeal of rules. An interested person may petition the administrator requesting the promulgation, amendment or repeal of a rule. The administrator may prescribe by rule the form for petitions and the procedure for their submission, consideration and disposition. Within 30 days after submission of a petition the administrator […]
16a-6-111 (UCCC) Injunctions against unconscionable agreements and fraudulent or unconscionable conduct.
16a-6-111. (UCCC) Injunctions against unconscionable agreements and fraudulent or unconscionable conduct. (1) The administrator may bring a civil action to restrain a creditor or a person acting in his behalf from engaging in a course of: (a) Making or enforcing unconscionable terms or provisions of consumer credit transactions; (b) fraudulent or unconscionable conduct in inducing […]
16a-6-408 Declaratory judgment on validity or applicability or rules.
16a-6-408. Declaratory judgment on validity or applicability or rules. The validity or applicability of a rule may be determined in an action for declaratory judgment in the manner prescribed by K.S.A. 77-434, and amendments thereto. History: L. 1973, ch. 85, § 123; January 1, 1974.
16a-6-112 (UCCC) Temporary relief.
16a-6-112. (UCCC) Temporary relief. With respect to an action brought to enjoin violations of K.S.A. 16a-1-101 through 16a-9-102 (section 16a-6-110) or unconscionable agreements or fraudulent or unconscionable conduct (section 16a-6-111), the administrator may apply to the court for appropriate temporary relief against a respondent, pending final determination of proceedings. If the court finds after a […]
16a-6-409 (UCCC) Declaratory rulings by administrator.
16a-6-409. (UCCC) Declaratory rulings by administrator. The administrator shall provide by rule for the filing and prompt disposition of petitions or declaratory rulings as to the applicability of any statutory provision or of any rule of the administrator. Rulings disposing of petitions have the same status as decisions or orders in contested cases. History: L. […]
16a-6-113 (UCCC) Civil actions by administrator.
16a-6-113. (UCCC) Civil actions by administrator. (1) After demand, the administrator may bring a civil action against a creditor for all amounts of money, other than penalties, which a consumer or class of consumers has a right explicitly granted by the provisions of K.S.A. 16a-1-101 through 16a-9-102 to recover. The court shall order amounts recovered […]
16a-6-410 (UCCC) Contested cases; orders subject to provisions of Kansas administrative procedure act; informal disposition.
16a-6-410. (UCCC) Contested cases; orders subject to provisions of Kansas administrative procedure act; informal disposition. (1) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice. Orders in contested cases, and proceedings thereon, shall be subject to the provisions of the Kansas administrative procedure act. (2) Unless precluded by […]
16a-6-115 (UCCC) Consumer’s remedies not affected.
16a-6-115. (UCCC) Consumer’s remedies not affected. The grant of powers to the administrator in this article does not affect remedies available to consumers under K.S.A. 16a-1-101 through 16a-9-102 or under other principles of law or equity. History: L. 1973, ch. 85, § 107; January 1, 1974.
16a-6-414 Judicial review of administrator’s actions.
16a-6-414. Judicial review of administrator’s actions. Any action of the administrator pursuant to the uniform consumer credit code is subject to review in accordance with the Kansas judicial review act. This section does not limit utilization of or the scope of judicial review available under other means of review, redress, relief or trial de novo […]
16a-6-116 (UCCC) Venue.
16a-6-116. (UCCC) Venue. The administrator may bring actions or proceedings in a court in a county in which an act on which the action or proceeding is based occurred or in a county in which respondent resides or transacts business. History: L. 1973, ch. 85, § 108; January 1, 1974.