§ 5-20-110 — Powers and duties of the administrator - rules

(1) The
administrator may conduct investigations and examinations as follows:

(a) For purposes of initial licensing, license renewal, license suspension,
license revocation or termination, or general or specific inquiry or investigation to
determine compliance with this article 20, the administrator may access, receive,
and use any records or information belonging to a licensee or person under
examination, including criminal, civil, and administrative history information;
personal history and experience information, including independent credit reports
obtained from a consumer reporting agency described in section 603 (p) of the
federal Fair Credit Reporting Act, 15 U.S.C. sec. 1681a, as amended; and any other
records or information the administrator considers relevant to the inquiry or
investigation regardless of the location, possession, control, or custody of the
records or information.

(b) For the purposes of investigating violations or complaints arising under
this article 20 or for the purposes of examination, the administrator may review,
investigate, or examine any licensee or person subject to this article 20 as often as
necessary in order to carry out the purposes of this article 20. The administrator
may direct, subpoena, or order the attendance of and examine under oath any
person whose testimony may be required about the student education loan or the
business or subject matter of an examination or investigation and may direct,
subpoena, or order the person to produce records the administrator considers
relevant to the inquiry.

(c) (I) In making an examination or investigation authorized by this section,
the administrator may control access to any records of the licensee or person under
examination or investigation. The administrator may take possession of the records
or place a person in exclusive charge of the records in the place where they are
usually kept.

(II) During the period of administrator control pursuant to this subsection
(1)(c), a person may not remove or attempt to remove any of the records except
pursuant to a court order or with the consent of the administrator. Unless the
administrator has reasonable grounds to believe that the records of the licensee or
person have been, or are at risk of being, altered or destroyed for purposes of
concealing a violation of this article 20, the licensee or owner of the records may
have access to the records as necessary to conduct its ordinary business affairs.

(2) In order to carry out the purposes of this section, the administrator may:

(a) Retain attorneys, accountants, or other professionals and specialists as
examiners, auditors, or investigators to conduct or assist in the conduct of
examinations or investigations;

(b) Enter into agreements or relationships with other government officials or
regulatory associations in order to improve efficiencies and reduce regulatory
burden by sharing resources, standardized or uniform methods or procedures, and
records or information obtained under this section;

(c) Use, hire, contract for, or employ publicly or privately available analytical
systems, methods, or software to examine or investigate the licensee or person
subject to this article 20;

(d) Accept and rely on examination or investigation reports made by other
government officials within or outside this state; and

(e) Accept audit reports made by an independent certified public accountant
of the licensee or person subject to this article 20 in the course of that part of the
examination covering the same general subject matter as the audit and may
incorporate the audit report in a report of examination, report of investigation, or
other writing of the administrator.

(3) A person subject to investigation or examination under this section shall
not knowingly withhold, abstract, remove, mutilate, or destroy any records or other
information relating to information regulated under this article 20.

(4) Whenever it appears to the administrator that a person has violated, is
violating, or is about to violate a provision of this article 20 or a rule adopted
pursuant to this article 20 or that a licensee or an owner, director, officer, member,
partner, shareholder, trustee, employee, or agent of the licensee has committed
fraud, engaged in dishonest activities, or made a misrepresentation, the
administrator may take action against the person or licensee in accordance with
this article 20.

(5) The administrator shall adopt rules as necessary to implement this article
20.

Legislative History

Source: L. 2019: Entire article added, (SB 19-002), ch. 157, p. 1868, � 2, effective August 2.