Section 596. Superintendent authorized to examine; expenses  


Latest version.
  • For the purpose
      of  discovering  violations  of  this  article  or  securing information
      lawfully required by him hereunder, the superintendent may at any  time,
      and  as  often  as  he  or  she may determine, either personally or by a
      person duly designated by him, investigate the business and examine  the
      books,  accounts,  records,  and  files  used therein of every licensee,
      servicer and registrant. For that purpose the superintendent and his  or
      her duly designated representative shall have free access to the offices
      and  places  of business, books, accounts, papers, records, files, safes
      and vaults  of  all  such  licensees,  servicers  and  registrants.  The
      superintendent  and  any person duly designated by him or her shall have
      authority to require the attendance of and to  examine  under  oath  all
      persons whose testimony he or she may require relative to such business.
      The expenses incurred in making any examination pursuant to this section
      shall  be  assessed  against  and  paid  by  the  licensee,  servicer or
      registrant so examined, except that traveling and  subsistence  expenses
      so incurred shall be charged against and paid by licensees, servicers or
      registrants  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, servicer or registrant shall become liable for
      and shall pay such assessment to the superintendent.
        In  any  hearing  in which the bank examiner acting under authority of
      this chapter is available for cross-examination,  any  official  written
      report, worksheet, other related papers, or duly certified copy thereof,
      compiled,  prepared,  drafted,  or otherwise made by said bank examiner,
      after being duly authenticated by said  examiner,  may  be  admitted  as
      competent  evidence  upon the oath of said examiner that said worksheet,
      investigative report, or other related  documents  were  prepared  as  a
      result  of  an  examination  of  the  books  and  records of a licensee,
      servicer or registrant  or  other  person,  conducted  pursuant  to  the
      authority of this chapter.