§ 646 — Investigations, hearings and reports

§ 646. Investigations, hearings and reports. 1. The superintendent\nshall have the power to make such investigations and conduct such\nhearings as he shall deem necessary to determine whether any licensee or\nany other person has violated any of the provisions of this article, or\nwhether any licensee has conducted himself in such manner as would\njustify the suspension or revocation of his license.\n 2. In making any investigation or conducting any hearing pursuant to\nthe provisions of this article, the superintendent, or any person duly\ndesignated by him, shall have the power at all times to subpoena\nwitnesses; to take depositions of witnesses residing without the state,\nin the manner provided for in civil actions in courts of record; to pay\nsuch witnesses the fees and mileage for their attendance provided for\nwitnesses in civil actions in courts of record; and to administer oaths.\nHe shall also have the power to compel by order or subpoena the\nproduction of and to examine all relevant books, records, accounts and\nother documents. Any person who fails to obey the command of the\nsubpoena without reasonable excuse, or refuses without reasonable cause\nto be served or to be examined or to answer a question or to produce a\nbook or paper when ordered so to do, or fails to perform any act\nrequired hereunder to be performed, shall be subject to the compulsions\nin such cases made and provided by law, and if the person be licensed\nhereunder, the superintendent shall have the right to suspend or revoke\nthe license.\n 3. The superintendent may require of any licensee such reports, under\noath or otherwise, concerning the licensee's business in this state, as\nhe may deem necessary for the enforcement of this article.\n 4. All reports of investigations and other reports rendered pursuant\nto this section, and all correspondence and memoranda concerning or\narising out of such investigations or reports, including any duly\nauthenticated copy or copies thereof in the possession of any licensee\nor the department of financial services, shall be confidential\ncommunications, shall not be subject to subpoena and shall not be made\npublic unless, in the judgment of the superintendent, the ends of\njustice and the public advantage will be subserved by the publication\nthereof, in which event the superintendent may publish or authorize the\npublication of a copy of any such report or other material referred to\nin this subdivision, or any part thereof, in such manner as may be\ndeemed proper. For purposes of this subdivision, "reports of\ninvestigations, and other reports rendered pursuant to this section and\nall correspondence and memoranda concerning or arising out of such\ninvestigations or reports" shall have the same meaning as such terms are\ndefined pursuant to subdivision ten of section thirty-six of this\nchapter.\n