Commissioner - duties - employees.

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(1) The head of the division of financial services shall be the state commissioner of financial services, referred to in this article as the "commissioner". The commissioner shall have had at least five years' practical experience in the operation or regulation of financial institutions or financial service operations. The commissioner shall be appointed by the executive director of the department of regulatory agencies, pursuant to section 13 of article XII of the state constitution.

  1. The commissioner may appoint, pursuant to section 13 of article XII of the stateconstitution, a deputy commissioner of financial services, a secretary, and such other employees as deemed necessary for the proper conduct of the division.

  2. The deputy commissioner, the secretary, and all other employees of the division shallbe under the direct supervision of the commissioner who shall have full power and control over such employees. Neither the commissioner nor any officer or employee of the division shall be personally liable for any acts done in good faith while in the performance of his duties as prescribed by law.

  3. Repealed.

  4. (Deleted by amendment, L. 2004, p. 138, § 22, effective July 1, 2004.)

  5. The commissioner, the deputy commissioner, the secretary, and all employees shallbe reimbursed for all necessary expenses of their office, including all traveling expenses necessarily incurred in the performance of their duties, upon vouchers therefor properly itemized and filed in accordance with law.

  6. Repealed.

  7. (a) Neither the commissioner nor any employee of the division shall:

  1. Be an officer, director, committee member, attorney for, or stockholder in any creditunion or savings and loan association; or

  2. Receive, directly or indirectly, any payment, gratuity, or compensation from anyinstitution over which the division has regulatory authority.

  1. The provisions of paragraph (a) of this subsection (8) shall not prohibit the commissioner or any employee of the division from being a depositor, account holder, borrower, or user of other available financial services on the same terms as are available to the general public or membership.

  2. Notwithstanding any provision of this subsection (8) to the contrary, this subsection(8) shall not prohibit the credit union or savings and loan members of the financial services board pursuant to section 11-44-101.6 (2)(a) or (2)(b) from:

(I) Being executive officers in credit unions or savings and loan associations; and (II) Receiving bona fide compensation as such officers.

Source: L. 33: p. 332, § 2. CSA: C. 25, § 48. L. 43: p. 207, § 6. L. 47: p. 315, § 1. CRS 53: § 122-6-2. C.R.S. 1963: § 122-5-2. L. 68: p. 125, § 127. L. 89: (1), (2), and (4) amended, p.

616, § 3, effective July 1. L. 91: (7) added, p. 674, § 3, effective May 1. L. 2004: (1), (2), and (5) amended and (8) added, p. 138, § 22, effective July 1. L. 2013: (4) repealed, (SB 13-159), ch. 193, p. 791, § 6, effective May 11.

Editor's note: Subsection (7)(b) provided for the repeal of subsection (7), effective January 1, 1992. (See L. 91, p. 674.)


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