5-19-232. Powers of administrator - rules.
305 words·~1 min read·
/co/title-5-consumer-credit-code/article-19-debt-management-services/5-19-232·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The administrator may act on its own initiative or in response to complaints and may receive complaints, take action to obtain voluntary compliance with this part 2, and seek or provide remedies as provided in this part 2.
(b)The administrator may investigate and examine, in this state or elsewhere, by subpoena or otherwise, the activities, books, accounts, and records of a person that provides or offers to provide debt-management services, or a person to which a provider has delegated its obligations under an agreement or this part 2, to determine compliance with this part 2. Information that identifies individuals who have agreements with the provider shall not be disclosed to the public. In connection with the investigation, the administrator may:
(1)Charge the person the reasonable expenses necessarily incurred to conduct the examination;
(2)Require or permit a person to file a statement under oath as to all the facts and circumstances of a matter to be investigated; and
(3)Seek a court order authorizing seizure from a bank at which the person maintains a trust account required by section 5-19-222, any or all money, books, records, accounts, and other property of the provider that is in the control of the bank and relates to individuals who reside in this state.
(c)The administrator may adopt rules to implement the provisions of this part 2 in accordance with section 24-4-103.
(d)The administrator may enter into cooperative arrangements with any other federal or state agency having authority over providers and may exchange with any of those agencies information about a provider, including information obtained during an examination of the provider.
(e)The administrator shall administratively establish reasonable fees to be paid by providers for the expense of administering this part 2. The fees may vary by the type of debt- management service provided.