Regulatory Alerts2025-01-01
Kansas Earned Wage Access Services Act
The Kansas Office of the State Bank Commissioner enacted the Earned Wage Access Services Act to regulate providers of earned wage access services within the state. The legislation mandates that providers register with the commissioner, maintain a $100,000 surety bond, and strictly adhere to non-recourse repayment terms that prohibit civil suits, third-party collection, or credit reporting for unpaid balances. Additionally, the act prohibits interest charges, late fees, and the conditioning of service eligibility on voluntary tips, while explicitly exempting these services from being classified as loans or money transmission.
2025 Kansas Consumer & Mortgage Lending Law Book Earned Wage Access Services Act-Outline KANSAS STATUTES Chapter 9-BANKS AND BANKING; TRUST COMPANIES Article 24- Earned Wage Access Services Act (K.S.A. 9-2401 through 9-2416) 9-2401 Citations of act; entities exempt therefrom. 9-2402 Definitions. 9-2403 Registration; application; fee. 9-2404 Surety bond. 9-2405 Registrant requirements. 9-2406 Prohibited acts. 9-2407 Earned wage access services not considered to be a loan or money transmission; act controls in conflict with other state law. 9-2408 Annual report; confidentiality; reportable events; penalty for failure to report. 9-2409 Records retention; examination; expenses. 9-2410 Denial, suspension or revocation of registration. 9-2411 Powers of the commissioner to administer the act; rules and regulations; fingerprinting and criminal history record check. 9-2412 Violations of act; notice and hearing; orders; penalties; hearings. 9-2413 Failure to obey subpoena. 9-2414 Criminal penalties for violations. 9-2415 Actions to enjoin any violation of the act. 9-2416 Disposition of fees.
2025 Kansas Consumer & Mortgage Lending Law Book
Earned Wage Access Services Act – Page 1 KANSAS STATUTES Chapter 9-BANKS AND BANKING; TRUST COMPANIES Article 24- Earned Wage Access Services Act (K.S.A. 9-2401 through 9-2416) K.S.A. 9-2401. Citation of act; entities exempt therefrom. (a) K.S.A. 2024 Supp. 9-2401 through 9-2416, and amendments thereto, shall be known and may be cited as the Kansas earned wage access services act. (b) This act shall not apply to a: (1) Bank holding company regulated by the federal reserve; (2) depository institution regulated by a federal banking agency; or (3) a subsidiary of either paragraph (1) or (2) if such subsidiary directly owns 25% of the bank holding company or depository institution's common stock. History: L. 2024, ch. 64, § 43; July 1. K.S.A. 9-2402. Definitions. As used in K.S.A. 2024 Supp. 9-2401 through 9-2416, and amendments thereto: (a) "Act" means the Kansas earned wage access services act. (b) "Commissioner" means the state bank commissioner or the commissioner's designee, who shall be the deputy commissioner of the consumer and mortgage lending division of the office of the state bank commissioner. (c) "Consumer" means an individual who is a resident of this state. A provider may use the mailing address provided by a consumer to determine such consumer's state of residence for purposes of this act. (d) "Consumer-directed wage access services" means offering or providing earned wage access services directly to consumers based on the consumer's representations and the provider's reasonable determination of the consumer's earned but unpaid income. (e) "Director" means a member of the registrant's or applicant's board of directors.
2025 Kansas Consumer & Mortgage Lending Law Book
Earned Wage Access Services Act – Page 2 (f) "Earned but unpaid income" means salary, wages, compensation or other income that a consumer has represented, and that a provider has reasonably determined, to have been earned or to have accrued to the benefit of the consumer in exchange for the consumer's provision of services to an employer or on behalf of an employer, including on an hourly, project-based, piecework or other basis and including where the consumer is acting as an independent contractor of the employer, but, at the time of the payment of proceeds, have not been paid to the consumer by the employer. (g) "Earned wage access services" means the business of providing consumer-directed wage access services or employer- integrated wage access services, or both. (h) "Employer-integrated wage access services" means the business of delivering to consumers access to earned but unpaid income that is based on employment, income and attendance data obtained directly or indirectly from an employer. (i) "Fee" means a fee imposed by a provider for delivery or expedited delivery of proceeds to a consumer or a subscription or membership fee imposed by a provider for a bona fide group of services that include earned wage access services. A voluntary tip, gratuity or donation shall not be deemed a fee. (j) “Member" means someone who has the right to receive upon dissolution, or has contributed 10% or more of the capital, of a limited liability corporation or a limited liability partnership of the registrant or applicant. (k) "Nationwide multistate licensing system and registry" or "registry" means a multistate licensing system developed by the conference of state bank supervisors and the American association of residential mortgage regulators and operated by the state regulatory agency, LLC, for the licensing and registration of non-depository financial service entities by participating state agencies or any successor to the nationwide multisystem licensing system and registry. (l) "Non-mandatory payment" means the following: (1) A charge imposed by a provider for delivery or expedited delivery of proceeds to a consumer so long as a provider offers the consumer at least one option to receive proceeds at no cost to the consumer; (2) an amount paid by an obligor to a provider on a consumer's behalf that entitles the consumer to receive proceeds at no cost to the consumer;
2025 Kansas Consumer & Mortgage Lending Law Book
Earned Wage Access Services Act – Page 3 (3) a subscription or membership charge imposed by a provider for a group of services that include earned wage access services so long as the provider offers the consumer at least one option to receive proceeds at no cost to the consumer; or (4) a tip or gratuity paid by a consumer to a provider so long as the provider offers the consumer at least one option to receive proceeds at no cost to the consumer. (m) "Nonrecourse" means a provider shall not compel or attempt to compel repayment by a consumer of outstanding proceeds or fees owed by such consumer to such provider through any of the following means: (1) A civil suit against the consumer in a court of competent jurisdiction; (2) use of a third party to pursue collection of outstanding proceeds or fees on the provider's behalf; or (3) sale of outstanding amounts to a third-party collector or debt buyer. (n) "Obligor" means an employer or other person who employs a consumer or any other person who is contractually obligated to pay a consumer earned but unpaid income in exchange for a consumer's provision of services to the employer or on behalf of the employer, including on an hourly, project-based, piecework or other basis, and including where the consumer is acting as an independent contractor. (o) "Officer" means a person who participates or has authority to participate, other than in the capacity of a director, in major policymaking functions of the registrant or applicant, whether or not the person has an official title. "Officer" includes, but is not limited to, the chief executive officer, chief financial officer, chief operations officer, chief legal officer, chief credit officer, chief compliance officer and every vice president. (p) "Outstanding proceeds" means proceeds remitted to a consumer by a provider that have not yet been repaid to such provider. (q) "Owner" means an individual who holds, directly or indirectly, at least 10% or more of a class of voting securities or the power to direct the management or policies of a registrant or an applicant. (r) "Partner" means a person that has the right to receive upon dissolution, or has contributed, 10% or more of the capital of a partnership of the registrant or applicant. (s) "Person" means any individual, corporation, partnership, association or other commercial entity. (t) "Principal" of a registrant means a person that oversees the daily operations of a registrant or applicant and is not an owner or key individual of such registrant or applicant.
2025 Kansas Consumer & Mortgage Lending Law Book
Earned Wage Access Services Act – Page 4 (u) "Proceeds" means a payment to a consumer by a provider that is based on earned but unpaid income. (v) "Provider" means a person who is in the business of offering and providing earned wage access services to consumers. (w) "Registrant" means a person who is registered with the commissioner as an earned wage access services provider. History: L. 2024, ch. 64, § 44; July 1. K.S.A. 9-2403. Registration; application; fee. (a) No person shall engage in or hold such person out as willing to engage in any earned wage access services business with a consumer without registering with the commissioner. Any person required to be registered as an earned wage access services provider shall submit to the commissioner an application for registration on forms prescribed and provided by the commissioner. Such application for registration shall include: (1) The applicant's name, business address, telephone number and, if any, website address; (2) the name and address of each owner, officer, director, member, partner or principal of the applicant; (3) a description of the ownership interest of any officer, director, member, partner, agent or employee of the applicant in any affiliate or subsidiary of the applicant or in any other entity that provides any service to the applicant or any consumer relating to the applicant's earned wage access services business; and (4) any other information the commissioner may deem necessary to evaluate the financial responsibility, financial condition, character, qualifications and fitness of the applicant. (b) Each application for registration shall be accompanied by a nonrefundable fee. (c) The commissioner shall approve an application and shall issue a nontransferable and nonassignable registration to the applicant when the commissioner: (1) Receives the complete application and fee required by this section; and (2) determines the financial responsibility, financial condition, character, qualifications and fitness warrants a belief that the business of the applicant will be conducted competently, honestly, fairly and in accordance with all applicable state and federal laws.
2025 Kansas Consumer & Mortgage Lending Law Book
Earned Wage Access Services Act – Page 5 (d) Each earned wage access services registration issued under this section shall expire on December 31 of each year. A registration shall be renewed by filing a complete renewal application with the commissioner at least 30 calendar days prior to the expiration of the registration. Such renewal application shall contain all information the commissioner requires to determine the existence and effect of any material change from the information contained in the applicant's original application, annual reports or prior renewal applications. Each renewal application shall be accompanied by a nonrefundable renewal fee. (e) If the commissioner fails to issue a registration within 60 calendar days after a filed application is deemed complete by the commissioner, the applicant may make written request for a hearing. Upon receipt of such written request for a hearing, the commissioner shall conduct a hearing in accordance with the Kansas administrative procedure act. (f) Not later than the first day of the sixth month beginning after the effective date of this act, the commissioner shall prescribe the form and content of an application for registration to provide earned wage access services pursuant to this act. (g) Notwithstanding the provisions of subsection (a), a person who, as of January 1, 2024, was engaged in the business of providing earned wage access services in this state may, until the commissioner has processed the person's application for registration, continue to engage in the business of providing earned wage access services in this state without registering if the person has submitted an application for registration within three months after the commissioner has prescribed the form and content of an application pursuant to subsection (f) and otherwise complies with this act. (h) The registration requirements of this act shall not apply to individuals acting as employees or independent contractors of business entities required to register. History: L. 2024, ch. 64, § 45; July 1. K.S.A. 9-2404. Surety bond. Each applicant or registrant shall file with the commissioner a surety bond in a form acceptable to the commissioner. Such surety bond shall be issued by a surety or insurance company authorized to conduct business in this state, securing the applicant's or registrant's faithful performance of all duties and obligations of a registrant. The surety bond shall: (a) Be payable to the office of the state bank commissioner; (b) provide that the bond may not be terminated without 30 calendar days' prior written notice to the commissioner, that such termination shall not affect the surety's liability for violations of this act occurring prior to the effective date of cancellation, and principal and surety shall be and remain liable for a period of two years from the date of any action or inaction of principal that gives rise to a claim under the bond;
2025 Kansas Consumer & Mortgage Lending Law Book
Earned Wage Access Services Act – Page 6 (c) provide that the bond shall not expire for two years after the date of surrender, revocation or expiration of the applicant's or registrant's registration, whichever occurs first; (d) be available for: (1) The recovery of expenses, fines and fees levied by the commissioner under this act; and (2) payment of losses or damages that are determined by the commissioner to have been incurred by any consumer as a result of the applicant's or registrant's failure to comply with the requirements of this act; and. (e) be in the amount of $100,000. History: L. 2024, ch. 64, § 46; July 1. K.S.A. 9-2405. Registrant requirements. A provider that is registered in the state of Kansas shall be subject to the following requirements: (a) The registrant shall provide all proceeds on a non-recourse basis and shall treat all fees and non-mandatory payments as non-recourse payment obligations. (b) The registrant shall develop and implement policies and procedures to respond to questions raised by consumers and address complaints from consumers in an expedient manner. (c) Before entering into an agreement with a consumer for the provision of earned wage access services, the registrant shall: (1) Inform the consumer of their rights under the agreement; (2) fully and clearly disclose all fees associated with the earned wage access services; and (3) clearly and conspicuously describe how the consumer may obtain proceeds at no cost to such consumer. (d) A registrant shall inform the consumer of any material changes to the terms and conditions of the earned wage access services before implementing such changes for such consumer. (e) The registrant shall provide proceeds to a consumer via any means mutually agreed upon by the consumer and registrant. (f) The registrant shall allow a consumer to cancel the use of the provider's earned wage access services at any time without incurring a cancellation fee or penalty imposed by the provider.
2025 Kansas Consumer & Mortgage Lending Law Book
Earned Wage Access Services Act – Page 7 (g) The registrant shall comply with all applicable federal, state and local privacy and information security laws. (h) If a registrant solicits, charges or receives a tip, gratuity or other donation from a consumer, the registrant shall disclose: (1) To the consumer immediately prior to each transaction that a tip, gratuity or other donation amount may be zero and is voluntary; and (2) in its agreement with the consumer and elsewhere that tips, gratuities or other donations are voluntary and that the offering of earned wage access services, including the amount of proceeds a consumer is eligible to request and the frequency with which proceeds are provided to a consumer, is not contingent on whether the consumer pays any tip, gratuity or donation or on the size of any tip, gratuity or other donation. (i) If a registrant will seek repayment of outstanding proceeds or payment of fees or other amounts owed, including voluntary tips, gratuities or other donations, in connection with earned wage access services from a consumer's depository institution, including by means of electronic funds transfer, the registrant shall do all of the following: (1) Inform the consumer when the provider will make each attempt to seek repayment of the proceeds from the consumer; (2) comply with applicable provisions of the federal electronic fund transfer act, 15 U.S.C. § 1693 et seq., and any regulations adopted thereunder; and (3) reimburse the consumer for the full amount of any overdraft or nonsufficient funds fees imposed on a consumer by the consumer's depository institution that were caused by the provider attempting to seek payment of any outstanding proceeds, fees or other payments in connection with earned wage access services, including voluntary tips, gratuities or other donations, on a date before, or in an incorrect amount from, the date or amount disclosed to the consumer. Notwithstanding the provisions of this paragraph, no provider shall be subject to the requirements of this paragraph with respect to payments of outstanding proceeds or fees incurred by a consumer through fraudulent or other unlawful means. History: L. 2024, ch. 64, § 47; July 1. K.S.A. 9-2406. Prohibited acts. No person required to be registered under this act shall: (a) Compel or attempt to compel repayment by a consumer of outstanding proceeds or payments owed by such consumer to the registrant through any of the following means:
2025 Kansas Consumer & Mortgage Lending Law Book
Earned Wage Access Services Act – Page 8 (1) A civil suit against the consumer in a court of competent jurisdiction; (2) use of a third party to pursue collection of outstanding proceeds or payments on the provider's behalf; (3) use of outbound telephone calls to attempt collection; or (4) sale of outstanding amounts to a third-party debt collector or debt purchaser; (b) charge a late fee, a deferral fee, interest or any other penalty or charge for failure to repay outstanding proceeds, fees, voluntary tips, gratuitites* other donations; (c) charge interest or finance charges: (d) charge an unreasonable fee to provide expedited delivery of proceeds to a consumer; (e) share with an employer a portion of any fees, voluntary tips, gratuities or other donations that were received from or charged to a consumer for earned wage access services; (f) condition the amount of proceeds that a consumer is eligible to request or the frequency with which a consumer is eligible to request proceeds on whether such consumer pays fees, voluntary tips, gratuities or other donations or on the size of any fee, voluntary tip, gratuity or other donation that such consumer may make to such registrant in connection with the provision of earned wage access services; (g) mislead or deceive consumers about the voluntary nature of tips, gratuities or other donations or make representations that tips, gratuities or other donations will benefit any specific individuals if the registrant solicits, charges or receives tips, gratuities or other donations from a consumer; (h) charge a deferral fee or any other charge in connection with deferring the collection of any outstanding proceeds beyond the original scheduled repayment date; (i) accept credit of any kind as payment from a consumer of outstanding proceeds or nonmandatory payments; (j) report a consumer's payment or failed repayment of outstanding proceeds to a consumer credit reporting agency or a debt collector; or (k) require a credit score to determine a consumer's eligibility for earned wage access services. History: L. 2024, ch. 64, § 48; July 1.
- OSBC Note: Incorrectly spelled as "gratuitites" on Revisor’s site. Should be "gratuities".
2025 Kansas Consumer & Mortgage Lending Law Book
Earned Wage Access Services Act – Page 9 K.S.A. 9-2407. Earned wage access services not considered to be a loan or money transmission; act controls in conflict with other state law. (a) For purposes of the laws of this state: (1) Earned wage access services provided by a registrant in accordance with this chapter shall not be considered to be: (A) A loan or other form of credit or the registrant a creditor or lender with respect thereto; (B) in violation of or noncompliant with the laws of this state governing the sale or assignment of, or an order for, earned but unpaid income; or (C) money transmission or the registrant a money transmitter with respect thereto. (2) Fees, voluntary tips, gratuities or other donations paid to such a registrant in accordance with this chapter shall not be considered interest or finance charges. (b) A registrant that provides proceeds to a consumer in accordance with this act shall not be subject to the provisions of the uniform consumer credit code in connection with such registrant's earned wage access services. (c) If there is a conflict between the provisions of this act and any other state statute, the provisions of this act control. History: L. 2024, ch. 64, § 49; July 1. K.S.A. 9-2408. Annual report; confidentiality; reportable events; penalty for failure to report. (a) (1) On or before April 1 of each year, each registrant shall file with the commissioner an annual report relating to earned wage access services provided by the registrant in this state during the preceding calendar year. The annual report shall be on a form prescribed by the commissioner. (2) The information contained in the annual report shall be confidential and shall not be subject to the open records act, K.S.A. 45- 215 et seq., and amendments thereto. The commissioner may publish aggregate annual report information for multiple registrants in composite form. The provisions of this paragraph shall expire on July 1, 2029, unless the legislature reviews and acts to continue such provisions pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2029.
2025 Kansas Consumer & Mortgage Lending Law Book
Earned Wage Access Services Act – Page 10 (b) Within 15 calendar days of any of the following events, a registrant shall file a written report with the commissioner describing the event and such event's expected impact on the registrant's business: (1) The filing for bankruptcy or reorganization by the registrant; (2) the institution of a revocation, suspension or other proceeding against the registrant by a governmental authority that is related to the registrant's earned wage access services business in any state; (3) the addition or loss of any owner, officer, partner, member, principal or director of the registrant; (4) a felony conviction of the registrant or any of such registrant's owners, officers, members, principals, directors or partners; (5) a change in the registrant's name or legal entity status; or (6) the closing or relocation of the registrant's principal place of business. (c) If a registrant fails to make any report to the commissioner as required by this section, the commissioner may require the registrant to pay a late penalty of $100 for each day such report is overdue. History: L. 2024, ch. 64, § 50; July 1. K.S.A. 9-2409. Records retention; examination; expenses. (a) Each registrant shall maintain and preserve complete and adequate business records, including a general ledger containing all assets, liabilities, capital, income and expense accounts for a period of three years. (b) Each registrant shall maintain and preserve complete and adequate records of each earned wage access services contract during the term of the contract and for a period of five years from the date on which the registrant last provides proceeds to the consumer. (c) The registrant shall provide the records to the commissioner within three business days of the commissioner's request or, at the commissioner's discretion, pay reasonable and necessary expenses for the commissioner or commissioner's designee to examine them at the place where such records are maintained. The registrant may provide such records electronically to the commissioner in a manner prescribed by the commissioner. History: L. 2024, ch. 64, § 51; July 1.
2025 Kansas Consumer & Mortgage Lending Law Book
Earned Wage Access Services Act – Page 11 K.S.A. 9-2410. Denial, suspension or revocation of registration. The commissioner may deny, suspend, revoke or refuse to renew a registration issued pursuant to this act if the commissioner finds, after notice and opportunity for a hearing conducted in accordance with the provisions of the Kansas administrative procedure act, that: (a) The applicant or registrant has repeatedly or willfully violated any provision of this act, any rules and regulations adopted thereunder or any order lawfully issued by the commissioner pursuant to this act; (b) the applicant or registrant has failed to file and maintain the surety bond required under this act; (c) the applicant or registrant is insolvent; (d) the applicant or registrant has filed with the commissioner any document or statement containing any false representation of a material fact or omitting to state a material fact; (e) the applicant, registrant or any officer, director, member, owner, partner or principal of the applicant or registrant has been convicted of any crime; (f) the applicant or registrant fails to keep and maintain sufficient records to permit an audit satisfactorily disclosing to the commissioner the applicant's or registrant's compliance with the provisions of this act and applicable federal law; (g) the applicant, registrant or an employee of the applicant or registrant has been the subject of any disciplinary action by the commissioner or any other state or federal regulatory agency; (h) a final judgment has been entered against the applicant or registrant in a civil action and the commissioner finds that the conduct on which the judgment is based indicates that it would be contrary to the public interest to permit such person to be registered; (i) the applicant or registrant has engaged in any deceptive business practice; (j) facts or conditions exist that would have justified the denial of the registration or renewal had such facts or conditions existed or been known to exist at the time the application for registration or renewal was made; or (k) the applicant or registrant has refused to furnish information required by the commissioner within a reasonable period of time as established by the commissioner.
2025 Kansas Consumer & Mortgage Lending Law Book
Earned Wage Access Services Act – Page 12 History: L. 2024, ch. 64, § 52; July 1. K.S.A. 9-2411. Powers of the commissioner to administer the act; rules and regulations; fingerprinting and criminal history record check. (a) The commissioner shall administer the provisions of this act. In addition to other powers granted by this act, the commissioner, within the limitations provided by law, may exercise the following powers: (1) Adopt, amend and revoke rules and regulations as necessary to carry out the intent and purpose of this act; (2) make any investigation and examination of the operations, books and records of an earned wage access services provider as the commissioner deems necessary to aid in the enforcement of this act; (3) have free and reasonable access to the offices, places of business and all records of the registrant that will enable the commissioner to determine whether the registrant is complying with the provisions of this act. The commissioner may designate persons, including comparable officials of the state in which the records are located, to inspect the records on the commissioner's behalf; (4) establish, charge and collect fees from applicants or registrants for reasonable costs of investigation, examination and administration of this act, in such amounts as the commissioner may determine to be sufficient to meet the budget requirements of the commissioner for each fiscal year. The commissioner may maintain an action in any court to recover such costs; (5) order any registrant or person to cease any activity or practice that the commissioner deems to be deceptive, dishonest, a violation of this act, or of any other state or federal law, or unduly harmful to the interests of the public; (6) exchange any information regarding the administration of this act with any agency of the United States or any state that regulates the applicant or registrant or administers statutes, rules and regulations or programs related to earned wage access services laws with any attorney general or district attorney with jurisdiction to enforce criminal violations of this act; (7) disclose to any person or entity that an applicant's or registrant's application or registration has been denied, suspended, revoked or refused renewal;
2025 Kansas Consumer & Mortgage Lending Law Book
Earned Wage Access Services Act – Page 13 (8) require or permit any person to file a written statement, under oath or otherwise as the commissioner may direct, setting forth all the facts and circumstances concerning any apparent violation of this act, any rule and regulation adopted thereunder or any order issued pursuant to this act; (9) receive, as a condition in settlement of any investigation or examination, a payment designated for consumer education to be expended for such purpose as directed by the commissioner; (10) delegate the authority to sign any orders, official documents or papers issued under or related to this act to the deputy of consumer and mortgage lending division of the office of the state bank commissioner; (11) (A) require fingerprinting of any officer, partner, member, owner, principal or director of an applicant or registrant. Such fingerprints may be submitted to the Kansas bureau of investigation and the federal bureau of investigation for a state and national criminal history record check to be submitted to the office of the state bank commissioner. The fingerprints shall be used to identify the person and to determine whether the person has a record of arrests and convictions in this state or other jurisdictions. The office of the state bank commissioner may use information obtained from fingerprinting and the criminal history for purposes of verifying the identification of the person and in the official determination of the qualifications and fitness of the persons associated with the applicant. Whenever the office of the state bank commissioner requires fingerprinting, any associated costs shall be paid by the applicant or the parties to the application. (B) The Kansas bureau of investigation shall release all records of adult convictions, adjudications, and juvenile adjudications in Kansas and of another state or country to the office of the state bank commissioner. The office of the state bank commissioner shall not disclose or use a state and national criminal history record check for any purpose except as provided for in this section. Unauthorized use of a state or national criminal history record check shall constitute a class A nonperson misdemeanor. (C) Each state and national criminal history record check shall be confidential, not subject to the open records act, K.S.A. 45-215 et seq., and amendments thereto, and not be disclosed to any applicant or registrant. The provisions of this subparagraph shall expire on July 1, 2029, unless the legislature reviews and acts to continue such provisions pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2029;
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Earned Wage Access Services Act – Page 14 (12) issue, amend and revoke written administrative guidance documents in accordance with the applicable provisions of the Kansas rules and regulations filing act; (13) enter into any informal agreement with any person for a plan of action to address violations of this act; and (14) require use of a nationwide multi-state licensing system and registry for processing applications, renewals, amendments, surrenders and any other activity that the commissioner deems appropriate. The commissioner may establish relationships or contracts with the nationwide multi-state licensing system and registry or other entities to collect and maintain records and process transaction fees or other fees related to applicants and licensees, as may be reasonably necessary to participate in the nationwide multi-state licensing system and registry. The commissioner may report violations of the law, as well as enforcement actions and other relevant information to the nationwide multi-state licensing system and registry. The commissioner may require any applicant or licensee to file reports with the nationwide multi-state licensing system and registry in the form prescribed by the commissioner. (b) Examination reports and correspondence regarding such reports made by the commissioner or the commissioner's designees shall be confidential and shall not be subject to the provisions of the open records act, K.S.A. 45-215 et seq., and amendments thereto. The commissioner may release examination reports and correspondence regarding the reports in connection with a disciplinary proceeding conducted by the commissioner, a liquidation proceeding or a criminal investigation or proceeding. Additionally, the commissioner may furnish to federal or other state regulatory agencies or any officer or examiner thereof, a copy of any or all examination reports and correspondence regarding the reports made by the commissioner or the commissioner's designees. The provisions of this subsection shall expire on July 1, 2029, unless the legislature reviews and acts to continue such provisions pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2029. (c) For the purpose of any examination, investigation or proceeding under this act, the commissioner or the commissioner's designee may administer oaths and affirmations, subpoena witnesses, compel such witnesses' attendance, introduce evidence and require the production of any matter that is relevant to the examination or investigation, including the existence, description, nature, custody, condition and location of any books, documents or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of relevant information or items. (d) The adoption of an informal agreement authorized by this section shall not be subject to the provisions of the Kansas administrative procedure act or the Kansas judicial review act. Any informal agreement authorized by this subsection shall not be considered an order or other
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Earned Wage Access Services Act – Page 15 agency action and shall be considered confidential examination material. All such examination material shall be confidential by law and privileged, shall not be subject to the provisions of the open records act, K.S.A. 45-215 et seq., and amendments thereto, shall not be subject to subpoena and shall not be subject to discovery or admissible in evidence in any private civil action. The provisions of this subsection shall expire on July 1, 2029, unless the legislature reviews and acts to continue such provisions pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2029. History: L. 2024, ch. 64, § 53; July 1. K.S.A. 9-2412. Violations of act; notice and hearing; orders; penalties; hearings. (a) If the commissioner determines after notice and opportunity for a hearing pursuant to the Kansas administrative procedure act 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, any rules and regulations adopted or order issued thereunder, the commissioner may issue an order requiring any or all of the following: (1) That the person cease and desist from the unlawful act or practice; (2) that the person pay a fine not to exceed $5,000 per incident for the unlawful act or practice; (3) if any person is found to have violated any provision of this act and such violation is committed against elder or disabled persons as defined in K.S.A. 50-676, and amendments thereto, the commissioner may impose an additional penalty not to exceed $5,000 for each such violation, in addition to any civil penalty otherwise provided by law; (4) that the person to pay restitution for any loss arising from the violation or requiring the person to disgorge any profits arising from the violation. Such order may include the assessment of interest not to exceed 8% per annum from the date of the violation; (5) that the person take such action as in the judgment of the commissioner will carry out the purposes of this act; or (6) that the person be barred from subsequently applying for registration under this act. (b) (1) If the commissioner makes written findings of fact that the public interest will be irreparably harmed by delay in issuing an order under subsection (a), the commissioner may issue an emergency cease and desist order.
2025 Kansas Consumer & Mortgage Lending Law Book
Earned Wage Access Services Act – Page 16 (2) Such emergency order, even if not an order within the meaning of K.S.A. 77-502, and amendments thereto, shall be subject to the same procedures as an emergency order issued under K.S.A. 77-536, and amendments thereto. (3) Upon the entry of such an emergency order, the commissioner shall promptly notify the person subject to the order that such order has been entered, the reasons for such order and that a hearing will be held upon written request by such person. (4) If such person requests a hearing or, in the absence of any request, if the commissioner determines that a hearing should be held, the matter shall be set for a hearing that shall be conducted in accordance with the provisions of the Kansas administrative procedure act. Upon completion of the hearing the commissioner shall, by written findings of fact and conclusions of law, vacate, modify or make permanent the emergency order. (5) If no hearing is requested and none is ordered by the commissioner, the emergency order shall remain in effect until such order is modified or vacated by the commissioner. (6) Fines and penalties collected pursuant to paragraphs (2) and (3) shall be designated for use by the commissioner for consumer education. History: L. 2024, ch. 64, § 54; July 1. K.S.A. 9-2413. Failure to obey subpoena. (a) In case of failure or refusal to obey a subpoena issued to any person, any court of competent jurisdiction, upon application by the commissioner, may issue an order requiring such person to appear before the commissioner, or the commissioner's designee, to produce documentary evidence if so ordered or to give evidence relating to the matter under investigation or in question. Any failure to obey the order of the court may be punished by the court as contempt of court. (b) No person shall be excused from attending, testifying or producing any document or record before the commissioner or in obedience to the subpoena of the commissioner or the commissioner's designee, or in any proceeding instituted by the commissioner, on the ground that such testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture. No individual may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which such person is compelled, after claiming privilege against selfincrimination, to testify or produce evidence, documentary or otherwise, except that the individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
2025 Kansas Consumer & Mortgage Lending Law Book
Earned Wage Access Services Act – Page 17 History: L. 2024, ch. 64, § 55; July 1. K.S.A. 9-2414. Criminal penalties for violations. It is unlawful for any person to violate the provisions of this act, any rules and regulations adopted or any order issued under this act. A conviction for an intentional violation is a class A nonperson misdemeanor. A second or subsequent conviction of this section is a severity level 7, nonperson felony. No person may be imprisoned for the violation of this section if such person proves that such person had no knowledge of the act, rules and regulations or order. History: L. 2024, ch. 64, § 56; July 1. K.S.A. 9-2415. Actions to enjoin any violation of the act. The commissioner, attorney general or a county or district attorney may bring an action in a district court to enjoin any violation of this act, or any rules and regulations adopted thereunder. History: L. 2024, ch. 64, § 57; July 1. K.S.A. 9-2416. Disposition of fees. All fees collected by the commissioner pursuant to this act shall be subject to the provisions of K.S.A. 75-1308, and amendments thereto. History: L. 2024, ch. 64, § 58; July 1. Cross References to Related Sections: Bank commissioner fee fund, see 75-1308.