If the commissioner determines that more than one visit, inspection, or examination is necessary to promote the safety and soundness of a state banking association or a branch of an out-of-state state bank during a twelve-month period, the state banking association or branch shall pay to the state treasurer a fee for the time used by the commissioner or other person designated by the commissioner in supervising, filing, and corresponding in connection with each additional visit, inspection, or examination and report of examination and for time used by each deputy examiner, or other person in making and otherwise preparing and typing the reports of examination herein provided for. Fees for the visit, inspection, or examination must be charged by the department of financial institutions at an hourly rate to be set by the commissioner, sufficient to cover all reasonable expenses of the department associated with the
visit, inspection, or examination provided for by this section. A state banking association or branch of an out-of-state state bank shall pay such assessment or fee within ten days of receiving a billing from the commissioner. Fees must be deposited in the financial institutions regulatory fund. The state treasurer shall report the payments of fees to the commissioner, and if any corporation or institution or branch is delinquent more than twenty days in making the payment, the board may make an order suspending the functions of the delinquent corporation or institution or branch until payment of the amount due. The commissioner may assess a penalty of five dollars a day additional for the delay. The state banking board may waive or postpone the collection of this special assessment if the assessment would place an undue burden on the state banking association or branch.
6-01-18. Reports and examinations of institutions by federal deposit insurance corporation, other state supervisors, or federal reserve system. The commissioner may accept, in lieu of any examination authorized or required by this title to be conducted by the department of any banking institution, the examination that may have been made of the institution within a reasonable period by the federal deposit insurance corporation, any other state supervisor, or the federal reserve system, if a copy of the examination is furnished to the commissioner. The commissioner also may accept any report relative to the condition of any banking institution which may have been obtained by that corporation or system within a reasonable period in lieu of any similar report that the commissioner is authorized by this title to require of the institution, if a copy of the report is furnished to the commissioner. The commissioner may furnish to the corporation or system, or to any official or examiner, a copy or copies of any or all examinations made of any banking institutions and of any or all reports made by them, and may give access to and disclose to the corporation or system, or any official or examiner, any and all information possessed by the office of the commissioner with reference to the conditions or affairs of any institution insured with the federal deposit insurance corporation. This section does not limit the duty of any banking institution in this state, the deposits of which are to any extent insured under the provisions of the federal Act creating the federal deposit insurance corporation, or of any amendment of or substitution for that Act, to comply with the provisions of that Act, its amendments or substitutions, or the requirements of the corporation relative to examinations and reports, nor limit the powers of the commissioner with reference to examinations and reports under this title.