Enforcement powers of the commissioner under a summary or consent order; informal agreements; confidentiality; fines

(a) As part of any summary order or consent order, the commissioner may: (1) Assess a fine against any person who violates this act or any rules and regulations adopted hereunder in an amount not to exceed $5,000 per violation. The commissioner may designate any fine collected pursuant to this section be used for consumer education; (2) assess the agency's operating costs and expenses for investigating and enforcing this act; (3) require the person to pay restitution for any loss arising from the violation or requiring the person to reimburse any profits arising from the violation; (4) prohibit the person from future application for licensure pursuant to the act; and (5) require such affirmative action as determined by the commissioner to carry out the purposes of this act. (b) (1) The commissioner may enter into an informal agreement at any time with a person to resolve a matter arising under this act, rules and regulations adopted hereunder or an order issued pursuant to this act. (2) Any informal agreement authorized by this subsection shall be considered confidential examination material. The adoption of an informal agreement authorized by this subsection shall not be: (A) Subject to the provisions of K.S.A. 77-501 et seq., and amendments thereto, or K.S.A. 77-601 et seq., and amendments thereto; (B) considered an order or other agency action; (C) subject to the Kansas open records act, K.S.A. 45-215 et seq., and amendments thereto; or (D) discovery or be admissible in evidence in any private civil action. (3) The provisions of this subsection providing for the confidentiality of public records shall expire on July 1, 2030, unless the legislature reviews and reenacts such provisions in accordance with the Kansas open records act, K.S.A. 45-229, and amendments thereto, prior to July 1, 2030. (c) Through an examination finding, the commissioner may: (1) Assess a fine against any licensee who violates this act or rules and regulations adopted thereto, in an amount not to exceed $5,000 per violation. The commissioner may designate any fine collected pursuant to this section be used for consumer education; or (2) require the licensee to pay restitution for any loss arising from the violation or require the person to reimburse any profits arising from the violation. (d) This section shall take effect on and after January 1, 2025.