Section 560. Investigations and examinations  


Latest version.
  • 1. The superintendent shall
      have the power to make such investigations as he shall deem necessary to
      determine whether any licensee or any other person has violated  any  of
      the  provisions  of  this article, or whether any licensee has conducted
      himself in such manner as would justify the revocation of  his  license,
      and  to  the extent necessary therefor, he may require the attendance of
      and examine any person under oath, and shall have the  power  to  compel
      the production of all relevant books, records, accounts, and documents.
        2.  The  superintendent shall have the power to make such examinations
      of the books, records, accounts and documents used in  the  business  of
      any  licensee  as  he shall deem necessary to determine whether any such
      licensee has violated any of the provisions of this article.
        3. The  expenses  incurred  in  making  any  examination  pursuant  to
      subdivision  two  of  this  section five hundred sixty shall be assessed
      against and paid by the licensee so examined, except that traveling  and
      subsistence  expenses  so  incurred shall be charged against and paid by
      licensees in such proportions as the superintendent shall deem just  and
      reasonable,  and  such  proportionate  charges  shall  be  added  to the
      assessment of the other expenses incurred upon  each  examination.  Upon
      written  notice  by  the  superintendent  of  the  total  amount of such
      assessment, the licensee shall become liable  for  and  shall  pay  such
      assessment to the superintendent.
        4.   All   reports   of   examinations  and  investigations,  and  all
      correspondence  and  memoranda  concerning  or  arising  out   of   such
      examinations or investigations, including any duly authenticated copy or
      copies  thereof  in  the  possession  of  any  licensee  or  the banking
      department, shall be confidential communications, shall not  be  subject
      to  subpoena and shall not be made public unless, in the judgment of the
      superintendent, the ends of justice and the  public  advantage  will  be
      subserved  by  the publication thereof, in which event he may publish or
      authorize the publication of a copy of any such report or other material
      referred to in this subdivision four,  or  any  part  thereof,  in  such
      manner as he may deem proper.