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§ 11-613. Investigations by Commissioner

West's Annotated Code of MarylandFinancial InstitutionsEffective: July 1, 2009

West's Annotated Code of Maryland
Financial Institutions
Title 11. Consumer Credit
Subtitle 6. Mortgage Loan Originators (Refs & Annos)
Effective: July 1, 2009
MD Code, Financial Institutions, § 11-613
§ 11-613. Investigations by Commissioner
Written complaints filed with Commissioner
(a)(1) Any person aggrieved by the conduct of a licensee under this subtitle in connection with a mortgage loan may file a written complaint with the Commissioner who shall investigate the complaint.
(2) The Commissioner may make any other investigation of a licensee if the Commissioner has reasonable cause to believe that the licensee has violated any provision of this subtitle, of any regulation adopted under this subtitle, or of any other law regulating mortgage lending or mortgage origination in the State.
Affiliated insurance producer-mortgage loan originators
(b) In addition to the requirements of this section, an affiliated insurance producer-mortgage loan originator licensed under § 11-603.1 of this subtitle shall be subject to the provisions of §§ 11-513 and 11-515 of this title:
(1) To the extent the Commissioner determines is necessary to enable the Commissioner to investigate and examine the mortgage loan origination activities of the affiliated insurance producer-mortgage loan originator; and
(2) As specified in regulations adopted by the Commissioner.
Fees for Commissioner employees engaged in investigation
(c) A licensee shall pay to the Commissioner a per-day fee set by the Commissioner for each of the Commissioner's employees engaged in any investigation conducted under this section that the Commissioner reasonably considers necessary.
Examination of books and records and subpoenas
(d) In connection with an investigation made under this section, the Commissioner may:
(1) Examine the books and records of a licensee or of any other person that the Commissioner believes has violated a provision of this subtitle, any rule or regulation adopted under this subtitle, or any other law regulating mortgage lending or mortgage origination in the State;
(2) Subpoena documents or other evidence; and
(3) Summon and examine under oath any person whose testimony the Commissioner requires.
Failure to comply with subpoena or summons of Commissioner
(e)(1) If a person fails to comply with a subpoena or summons of the Commissioner under this subtitle or to testify concerning any matter about which the person may be interrogated under this subtitle, the Commissioner may file a petition for enforcement with the circuit court for a county.
(2) On petition by the Commissioner, the court may order the person to attend and testify or produce evidence.

Credits

Added by Acts 2005, c. 590, § 1, eff. Oct. 1, 2005. Amended by Acts 2008, c. 7, § 2, eff. June 1, 2008; Acts 2008, c. 8, § 2, eff. June 1, 2008; Acts 2009, c. 4, § 1, eff. July 1, 2009.
MD Code, Financial Institutions, § 11-613, MD FIN INST § 11-613
Current through all legislation from the 2020 Regular Session of the General Assembly.
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