CMP.2.3.100 Powers of the Authority

The Authority has the power to discharge all duties imposed by this Code and its associated regulations including, but not limited to:

(a) Promulgate, adopt, and enforce regulations and rules furthering the purpose and provisions of this Code.

(b) Examine or inspect, or cause to be examined or inspected, each Licensee at least annually or according to timeframes established by regulation.

(d) Receive and act on complaints, take action designed to obtain voluntary compliance with this Code, or commence proceedings on its own initiative.

(e) Establish financial literacy programs.

(f) Upon prior explicit resolution and approval of the Governing Board, to employ such advisors as it may deem necessary at rates to be set by the Governing Board. Advisors may include, but are not limited to, lawyers, accountants, law enforcement specialists and financial services professionals.

(g) Accept, review, approve or deny any Application for a License, including conducting or arranging for background investigations of all Applicants.

(h) Examine under oath, either orally or in writing, in hearings or otherwise, any Licensee or Person, or agent, officer or employee of any Licensee, or any other witness with respect to any matters related to this Code.

(i) Compel by subpoena the attendance of witnesses and the production of any books, records, and papers with respect thereto. Upon refusal to appear or produce, the Authority may apply to a court of competent jurisdiction to compel appearance or production.

(j) Examine or investigate, or cause to be examined or investigated, the place of business, equipment, facilities, tangible personal property and the books, records, papers, vouchers, accounts, documents and financial statements of any Licensee or Person engaging or participating in, or suspected to be engaging or participating in, Consumer Financial Services to:

(1) ensure compliance with this Code, applicable federal law, or any order of the Authority;

(2) determine whether any Licensee or Person has engaged, is engaging, or is about to engage in any act, practice or transaction that constitutes an unsafe or unsound practice or violation of this Code or any order of the Authority; or

(3) aid in adopting rules or regulations pursuant to this Code.

(k) Discipline any Licensee or Person engaging or participating in Consumer Financial Services in violation of this Code by ordering immediate compliance, issuing fines and sanctions, and suspending or revoking any License pursuant to the hearings and due process required by Section CMP.2.9.030 of this Code.

(l) Impose a lien in the amount of any fine or sanction that a Licensee or Person fails to pay upon all assets and property of such Licensee or Person within the Tribe's jurisdiction.

(m) Institute a civil action to recover any fine or sanction that a Licensee or Person fails to pay.

(n) Arbitrate, compromise, negotiate or settle any dispute to which it is a party relating to the Authority's authorized activities, subject to any approval of the Governing Board.

(o) Sue in courts of competent jurisdiction within the United States with the explicit written approval of the Governing Board.

(p) Impose a schedule of fees, attached hereto as Exhibit A, as applicable for:

(1) the processing, issuance, and renewal of Licenses, including fees or charges associated with conducting background checks;

(2) reasonable examinations of Licensees; and

(3) services rendered relating to transcripts and the furnishing or certifying of copies of proceedings, files, and records.

(q) Establish and maintain such bank accounts as may be necessary or convenient.

(r) Enter cooperative arrangements and to coordinate enforcement activity with other Tribal, Federal, or State regulatory agencies.

(s) Make such findings as may be necessary to implement the Authority's duties and powers, with such findings to be given deference as the legally binding findings of a governmental entity.

(t) None of the powers enumerated in this section shall be construed to allow the Authority to manage the operations of a Licensee.