16a-6-101 (UCCC) Short title.
16a-6-101. (UCCC) Short title. This article shall be known and may be cited as revised uniform consumer credit code—administration. History: L. 1973, ch. 85, § 94; January 1, 1974.
16a-6-102 (UCCC) Applicability.
16a-6-102. (UCCC) Applicability. This part applies to persons who in this state (1) make or solicit consumer credit transactions; or (2) directly collect payments from or enforce rights against consumers arising from consumer credit transactions, wherever they are made. History: L. 1973, ch. 85, § 95; January 1, 1974.
16a-6-104 (UCCC) Powers of administrator; reliance on rules and regulations; written administrative interpretations; nationwide mortgage licensing system and registry.
16a-6-104. (UCCC) Powers of administrator; reliance on rules and regulations; written administrative interpretations; nationwide mortgage licensing system and registry. This act shall be administered by the consumer credit commissioner of Kansas who is also referred to as the administrator. (1) In addition to other powers granted by this act, the administrator within the limitations provided […]
16a-6-105 (UCCC) Administrative powers with respect to supervised financial organizations.
16a-6-105. (UCCC) Administrative powers with respect to supervised financial organizations. (1) With respect to supervised financial organizations, the powers of examination and investigation (K.S.A. 16a-2-305 and K.S.A. 16a-6-106, and amendments thereto) and administrative enforcement (K.S.A. 16a-6-108, and amendments thereto) shall be exercised by the official or agency to whose supervision the organization is subject. Should […]
16a-6-106 (UCCC) Examination and investigatory powers; costs.
16a-6-106. (UCCC) Examination and investigatory powers; costs. (1) The administrator may: (a) Conduct public or private examinations or investigations within or outside of this state as necessary to determine whether any license should be granted, denied or revoked or whether any person has violated or is about to violate any provision of this act or […]
16a-6-108 Enforcement of act; cease and desist orders; penalties; appeals.
16a-6-108. Enforcement of act; cease and desist orders; penalties; appeals. (1) If the administrator determines after notice and opportunity for a hearing that any person has engaged, is engaging or is about to engage in any act or practice constituting a violation of any provision of this act or any rule and regulation, order or […]
16a-6-109 (UCCC) Assurance of discontinuance.
16a-6-109. (UCCC) Assurance of discontinuance. If it is claimed that a person has engaged in conduct subject to an order by the administrator (section 16a-6-108) or by a court (sections 16a-6-110 through 16a-6-112), the administrator may accept an assurance in writing that the person will not engage in the conduct in the future. If a […]
16a-6-110 (UCCC) Injunctions against violations of act.
16a-6-110. (UCCC) Injunctions against violations of act. The administrator may bring a civil action to restrain a person from violating the provisions of K.S.A. 16a-1-101 through 16a-9-102 and for other appropriate relief. History: L. 1973, ch. 85, § 103; January 1, 1974.
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-6-112 (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-6-113 (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-6-115 (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-6-116 (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.
16a-6-117 Rules and regulations; truth in lending.
16a-6-117. Rules and regulations; truth in lending. The administrator shall adopt rules and regulations necessary to carry out the provisions and terms of the uniform consumer credit code which are consistent with or no less restrictive than the truth-in-lending act, which is contained in title I of the consumer credit protection act, 15 U.S.C. § […]
16a-6-201 (UCCC) Applicability.
16a-6-201. (UCCC) Applicability. This part applies to a creditor engaged in this state in entering into consumer credit transactions and to any person who takes assignments of and undertakes collection of payments from or takes assignments of and enforces rights against debtors arising from these transactions. This part shall not apply to supervised financial organizations […]
16a-6-202 (UCCC) Notification.
16a-6-202. (UCCC) Notification. (1) Persons subject to this part shall file notification with the administrator within 30 days after commencing business in this state, and, thereafter, in accordance with rules and regulations adopted by the administrator. (2) If information in a notification becomes inaccurate after filing, the person filing the notification shall file a corrected […]
16a-6-203 Fees.
16a-6-203. Fees. (1) A person required to file notification shall on or before April 30 of each year pay to the administrator an annual fee in an amount established pursuant to subsection (5) of K.S.A. 16a-6-104, and amendments thereto, for each business location for that year. (2) Persons required to file notification who are sellers, […]
16a-6-401 (UCCC) Applicability and scope.
16a-6-401. (UCCC) Applicability and scope. This part applies to the administrator, prescribes the procedures to be observed by him in exercising his powers under K.S.A. 16a-1-101 through 16a-9-102, and supplements the provisions of the part on powers and functions of administrator (part 1) of this article and of the part on supervised lenders (part 3) […]
16a-6-402 (UCCC) Definitions in part.
16a-6-402. (UCCC) Definitions in part. In this part: (1) “Contested case” means a proceeding, including but not restricted to one pursuant to the provisions on administrative enforcement orders (subsection (a) of K.S.A. 16a-6-108, and amendments thereto) and licensing, in which the legal rights, duties, or privileges of a party are required by law to be […]
16a-6-403 (UCCC) Public information; adoption of rules; availability of rules and orders.
16a-6-403. (UCCC) Public information; adoption of rules; availability of rules and orders. (1) In addition to other rule-making requirements imposed by law, the administrator may: (a) Adopt as a rule a description of the organization of the administrator’s office, stating the general course and method of the operations of the office and the methods whereby […]