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§ 2417. Powers and duties of department

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)Effective: February 6, 2009

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 P.S. Professions and Occupations (State Licensed) (Refs & Annos)
Chapter 39. Debt Management Services Act (Refs & Annos)
Effective: February 6, 2009
63 P.S. § 2417
§ 2417. Powers and duties of department
The department shall have the authority to:
(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 investigations as may be necessary to administer the provisions of this act. The examination may include documents, accounts, books or records that relate to the operation of the licensee that are in the possession of an affiliate, subsidiary or other business entity. Pursuant to this authority, the department may remove any instrument, document, account, book, record or file of a licensee or person to a location outside of the licensee's or person's office location. The examination may be conducted without prior notice to the licensee or person and the costs of the examination shall be borne by the licensee or person subject to the examination.
(2) Conduct administrative hearings on any matter pertaining to this act, issue subpoenas to compel the attendance of witnesses or the production of documents, accounts, books or records at a hearing. A document, account, book or record subject to subpoena may be retained by the department until the proceeding in connection with which it was subpoenaed is completed. A department official may administer oaths or affirmations to a person whose testimony is required.
(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, a licensee or a person related to the business of debt management services. The cost associated with the request shall be paid by the applicant or licensee.
(4) Promulgate regulations or issue statements of policy or orders to ensure the proper administration or enforcement of this act and the proper conduct of licensees under this act.
(5) Prohibit a person or licensee that violates this act from working in any capacity related to activities regulated by the department.
(6) Order a person or licensee to make restitution for actual damages to consumers caused by a violation of this act or to refund fees collected in violation of this act.
(7) Issue a cease and desist order that takes effect immediately, but that is subject to a hearing within 14 days of the issuance of the order.
(8) Impose other conditions or take other actions as the department deems appropriate to administer or enforce this act.
(9) Provide the following on its Internet website:
(i) Information for licensees on the provisions of this act.
(ii) Information for consumers regarding the protections of this act.
(iii) Information on filing consumer complaints, including a toll-free telephone number.
(iv) A list of current licensees.
(10) Except for the information specified in section 5(7),1 make the information collected under section 5 available to the public upon request to the department pursuant to the act of February 14, 2008 (P.L. 6, No. 3),2 known as the Right-to-Know Law.

Credits

2008, Oct. 9, P.L. 1421, No. 117, § 17, effective in 120 days [Feb. 6, 2009].

Footnotes

63 P.S. § 2405.
65 P.S. § 67.101 et seq.
63 P.S. § 2417, PA ST 63 P.S. § 2417
Current through Act 4 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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