Section 646. Investigations, hearings and reports  


Latest version.
  • 1. The superintendent
      shall have the power  to  make  such  investigations  and  conduct  such
      hearings 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 suspension or revocation of his license.
        2.  In  making any investigation or conducting any hearing pursuant to
      the provisions of this article, the superintendent, or any  person  duly
      designated  by  him,  shall  have  the  power  at  all times to subpoena
      witnesses; to take depositions of witnesses residing without the  state,
      in  the manner provided for in civil actions in courts of record; to pay
      such witnesses the fees and mileage for their  attendance  provided  for
      witnesses in civil actions in courts of record; and to administer oaths.
      He  shall  also  have  the  power  to  compel  by  order or subpoena the
      production of and to examine all relevant books, records,  accounts  and
      other  documents.  Any  person  who  fails  to  obey  the command of the
      subpoena without reasonable excuse, or refuses without reasonable  cause
      to  be  served or to be examined or to answer a question or to produce a
      book or paper when ordered so  to  do,  or  fails  to  perform  any  act
      required  hereunder to be performed, shall be subject to the compulsions
      in such cases made and provided by law, and if the  person  be  licensed
      hereunder,  the superintendent shall have the right to suspend or revoke
      the license.
        3. The superintendent may require of any licensee such reports,  under
      oath  or otherwise, concerning the licensee's business in this state, as
      he may deem necessary for the enforcement of this article.
        4. All reports of investigations and other reports  rendered  pursuant
      to  this  section,  and  all  correspondence and memoranda concerning or
      arising out of  such  investigations  or  reports,  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
      the superintendent may publish or authorize the publication of a copy of
      any such report or other material referred to in  this  subdivision,  or
      any  part  thereof, in such manner as may be deemed proper. For purposes
      of this subdivision,  "reports  of  investigations,  and  other  reports
      rendered  pursuant  to this section and all correspondence and memoranda
      concerning or arising out of such investigations or reports" shall  have
      the  same  meaning as such terms are defined pursuant to subdivision ten
      of section thirty-six of this chapter.