(1) The commissioner, or the banking board, has the power to subpoena witnesses, compel their attendance, require the production of evidence, administer an oath, and examine any person under oath in connection with any subject relating to a duty imposed upon, or a power vested in, the commissioner or the banking board.
(2) In case of a refusal of any person to comply with a lawful subpoena or order of the commissioner or of the banking board issued pursuant to this section, upon proper petition by the commissioner or the banking board to the district court, the court shall require compliance therewith, and further refusal shall be punishable as contempt of court.
Source: L. 2003: Entire article added with relocations, p. 1067, � 3, effective July 1.
Editor's note: This section is similar to former � 11-2-104 as it existed prior to 2003.
11-102-203. Effect of good faith reliance on orders or rules of banking board. No person who in good faith relies on any order or rule of the banking board shall be subjected to any civil or criminal liability for any act or omission to act, notwithstanding a subsequent decision by a court invalidating any such order or rule.
Source: L. 2003: Entire article added with relocations, p. 1067, � 3, effective July 1.
Editor's note: This section is similar to former � 11-2-104.5 as it existed prior to 2003.
11-102-203.5. Independent administrative review of material supervisory determinations - rules. (1) The banking board shall establish by rule an independent administrative appeals process to address an adverse material supervisory determination that affects a state bank. For purposes of this section, a material supervisory determination means:
(a) An examination rating, including composite scores, information technology, and trust department ratings;
(b) A determination relating to the adequacy of loan loss reserve provisions;
(c) A disputed asset classification exceeding ten percent of the state bank's total capital;
(d) A determination relating to violations of law or regulation; and
(e) Any other determination that may have an effect on a state bank's capital, earnings, operating flexibility, or capital category for prompt corrective action purposes, or may otherwise affect the nature and level of supervisory oversight accorded the state bank.
(2) In promulgating the rule provided for in this section, the banking board shall apply the following criteria, considerations, and policies:
(a) The initial appeal shall be heard by one or more people selected by the banking board who did not participate in and does not report to anyone who made the material supervisory determination under review;
(b) The banking board shall establish safeguards to protect from retaliation a state bank that files an appeal;
(c) All appeals shall be in writing, on forms approved by the banking board, and approved by the appellant's governing principal or a majority of principals;
(d) All appeals shall be heard within ninety days after filing and decided within one hundred eighty days after filing;
(e) The banking board shall classify the state banks that are eligible to appeal;
(f) The banking board shall encourage informal resolution procedures;
(g) The banking board shall encourage coordination with other state and federal regulatory authorities; and
(h) To the extent that federal guidelines are consistent with this section, the banking board shall model the rule provided for in this section on relevant federal guidelines.
(3) Notwithstanding any other provision of this section, an appeal of an adverse material supervisory determination shall not affect, delay, or impede any formal or informal supervisory or enforcement action in progress.
Source: L. 2004: Entire section added, p. 22, � 4, effective March 3.