(1) The commissioner shall be the administrative head of the division, shall set administrative policy therefor, and shall be responsible for the internal administration thereof, including personnel matters, records, reports, systems, and procedures.
The commissioner shall be the appointing authority for employees of the divisionunder the state personnel system.
The commissioner shall be responsible for all examination and enforcement functions of the division of banking subject to the policy-making and rule-making authority of the banking board. In carrying out the responsibilities for examinations and enforcement, in addition to other powers conferred by this code and delegated by the banking board, the commissioner has the power to require a bank to:
Comply with the standards that the banking board may prescribe for determining thevalue of various types of assets;
Charge off the whole or any part of an asset that, at the time of the commissioner'saction, could not lawfully be acquired;
Write down an asset to its market value;
File, record, or otherwise make effective liens and other interests in property;
Obtain a financial statement from a person with present or prospective liability to thebank to the extent that the bank can do so;
Obtain insurance against damage to real estate taken as security;
Obtain title insurance for real estate taken as security;
Maintain adequate insurance against such other risks as the commissioner or thebanking board may determine to be necessary and appropriate for the protection of depositors and the public.
The commissioner shall have primary responsibility for the preparation of the preliminary budget draft for the division for review and comment by the banking board prior to its submission to the department of regulatory agencies.
The commissioner shall have the power to perform any acts and to make any decisions incidental to or necessary for carrying out any functions specified by this code or delegated by the banking board pursuant to this code.
The commissioner has the power, subject to the approval of the banking board andsubject to the laws and state constitution, to appoint a chief deputy commissioner and such other deputy commissioners as shall be necessary to efficiently perform the duties of the commissioner. All such officers and employees shall receive such compensation for their services as shall be fixed under general provisions of law relating to the compensation of state officers and employees.
The commissioner, the deputies, and all other employees of the division shall, beforeentering upon the discharge of their duties, in addition to any oath required by the state constitution, take and subscribe an oath to keep secret all information acquired by them in the discharge of their duties, except as may be otherwise required by this code or by law. Willful violation of this oath is declared to be a criminal offense. The commissioner, all deputies, and all other employees of the division shall be subject to article 18 of title 24, C.R.S.
The commissioner may delegate to any officer or employee of the division any of thecommissioner's powers and may designate any officer or employee of the division to perform any of the commissioner's duties.
The commissioner, and such other officers and employees handling money or securities in the course of their duties as the banking board may determine, shall be bonded in such amount as the banking board may fix. The cost thereof shall be charged as an expense of the division.
The commissioner, all deputies, and all the employees, except special deputies andassistants employed in liquidating failed banks, shall devote their entire time and attention to the duties of their several positions and shall not, during their terms of service, receive any salary or compensation whatsoever from any bank.
In the case of a vacancy in the office of the commissioner for any cause, and untilsuch vacancy is filled, the chief deputy commissioner shall have and exercise all the powers and duties conferred by law or by the banking board upon the commissioner, with the same authority as if those powers and duties were exercised and performed by the commissioner. If there is no chief deputy at the time of such vacancy, a chief deputy shall be appointed.
The commissioner shall have a seal of office containing the words "Commissionerof Banking of Colorado" in the form of a circle and the word "seal" within the circle.
Source: L. 2003: Entire article added with relocations, p. 1060, § 3, effective July 1.
Editor's note: This section is similar to former § 11-2-106 as it existed prior to 2003.