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 […]
16a-5-102 (UCCC) Scope.
16a-5-102. (UCCC) Scope. This part applies to actions or other proceedings to enforce rights arising from consumer credit transactions and, in addition, to extortionate extensions of credit (section 16a-5-107). History: L. 1973, ch. 85, § 81; January 1, 1974.
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-5-103 (UCCC) Restrictions on deficiency judgments.
16a-5-103. (UCCC) Restrictions on deficiency judgments. (1) This section applies to a deficiency on a consumer credit sale of goods or services and on a consumer loan in which the lender is subject to defenses arising from sales (K.S.A. 16a-3-405, and amendments thereto); a consumer is not liable for a deficiency unless the creditor has […]
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-5-107 (UCCC) Extortionate extensions of credit.
16a-5-107. (UCCC) Extortionate extensions of credit. (1) If it is the understanding of the creditor and the consumer at the time an extension of credit is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, […]
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-5-108 (UCCC) Unconscionability; inducement by unconscionable conduct.
16a-5-108. (UCCC) Unconscionability; inducement by unconscionable conduct. (1) With respect to a consumer credit transaction, if the trier of fact finds: (a) The agreement to have been unconscionable at the time it was made, or to have been induced by unconscionable conduct, the court may refuse to enforce the agreement; or (b) any clause of […]
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.