§ 6110. Authority of the department
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 7 P.S. Banks and BankingEffective: January 3, 2017
Effective: January 3, 2017
7 P.S. § 6110
Formerly cited as PA ST 7 P.S. § 6113; PA ST 7 P.S. § 6113.1; PA ST 7 P.S. § 6114; PA ST 7 P.S. § 6115
§ 6110. Authority of the department
(1) Examine any instrument, document, account, book, record or file of a licensee or any person having a connection to the licensee or make other investigation as may be necessary to administer the provisions of this act. Pursuant to this authority, the department may remove any instrument, document, account, book, record or file of a licensee to a location outside of the licensee's office location. A person who is not licensed under this act shall be presumed to be engaged in business contemplated by this act if the person advertises or solicits business for which a license is required by the provisions of this act. In those cases, the department is authorized to examine the books, accounts, papers, records, documents, files, safes and vaults of the persons for the purpose of discovering violations of this act. The costs of the examination shall be borne by the licensee or the entity subject to the examination.
(2) Conduct administrative hearings on any matter pertaining to this act, issue subpoenas to compel the attendance of witnesses and the production of instruments, documents, accounts, books and records at any hearing. The instruments, documents, accounts, books and records may be retained by the department until the completion of all proceedings in connection with which the materials were produced. A department official may administer oaths and affirmations to a person whose testimony is required. In the event a person fails to comply with a subpoena issued by the department or to testify on a matter concerning that which the person may be lawfully interrogated, on application by the department, the Commonwealth Court may issue an order requiring the attendance of the person, the production of instruments, documents, accounts, books and records and the giving of testimony.
(3) Request and receive information or records of any kind, including reports of criminal history record information from any Federal, State, local or foreign government entity regarding an applicant for a license, licensee or person related in any way to the business of the applicant or licensee, at a cost to be paid by the applicant or licensee.
(d) A decision of the commission, or an unappealed order of the department, shall be a final order of the department and shall be enforceable in a court of competent jurisdiction. The department may publish final adjudications issued under this section, subject to redaction or modification to preserve confidentiality.
Credits
1965, Sept. 2, P.L. 490, No. 249, § 10. Amended 1996, July 2, P.L. 486, No. 79, § 4, effective in 60 days; 2016, Nov. 3, P.L. 1002, No. 129, § 11, effective in 60 days [Jan. 3, 2017].
7 P.S. § 6110, PA ST 7 P.S. § 6110
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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