§ 40-14-606 — Examination and investigatory powers

(a) The administrator may conduct examinations of persons
licensed under this act at intervals he deems necessary to
determine whether violations of this act and other applicable
laws, rules and regulations pertaining to consumer credit are
occurring and the frequency and seriousness of such violations.
(b) In addition to the examinations provided for in
subsection (a) of this section, if the administrator has
probable cause to believe that a person has engaged in an act
which is subject to action by the administrator, he may make an
investigation to determine if the act has been committed, and,
to the extent necessary for this purpose, may administer oaths
or affirmations, and, upon his own motion or upon request of any
party, may subpoena witnesses, compel their attendance, adduce
evidence, and require the production of any matter which is
relevant to the investigation, including the existence,
description, nature, custody, condition, and location of any
books, documents, or other tangible things and the identity and
location of persons having knowledge of relevant facts, or any
other matter reasonably calculated to lead to the discovery of
admissible evidence.
(c) If the person's records are located outside this
state, the person at his option shall either make them available
at a location within this state convenient to the administrator
or pay the reasonable and necessary expenses for the
administrator or his representative to examine them at the place
where they are maintained. For the purpose of this section, the
administrator shall have free and reasonable access during
normal business hours to the offices, place of business and
records of the person being examined or investigated. The
administrator may designate representatives, including
comparable officials of the state in which the records are
located, to inspect them on his behalf.
(d) Upon failure without lawful excuse to obey a subpoena
or to give testimony and upon reasonable notice to all persons
affected thereby, the administrator may apply to the district
court for an order compelling compliance.
(e) The administrator shall not make public the name or
identity of a person whose acts or conduct he investigates
pursuant to this section or the facts disclosed in the
investigation, but this subsection does not apply to disclosures
in actions or enforcement proceedings pursuant to this act.
(f) Each licensee or person subject to examination or
investigation under this act shall pay to the administrator an
amount assessed by the administrator to cover the direct and
indirect cost of examinations or investigations conducted
pursuant to this section.