§ 6203. Authority of department.

445 words·~2 min read·/pa/title-12/chapter-62/6203

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(a)Powers.-- The department has the authority to do any of the following:

(1)Investigate the business activities of a licensee and person engaged in a business contemplated by this chapter by the following means:

(i)Examining the records of the licensee and person.

(ii)Accessing the offices and places of business of the licensee and person and the records of the licensee and person.

(2)Examine the records, safes and vaults of a person described under subsection (b)(2) for the purpose of discovering violations of this chapter.

(3)Require the attendance and testimony of witnesses and the production of records relating to a business that the department has the authority to investigate. For the purposes of this subsection, a duly authorized representative of the department may sign subpoenas, administer oaths and affirmations, examine witnesses and receive evidence.

(4)Prescribe the minimum information to be shown in the records of a licensee so as to enable the department to determine compliance with the provisions of this chapter.

(5)Promulgate regulations and issue orders, statements of policy and written interpretations as necessary or appropriate for the interpretation or enforcement of this chapter.

(6)Reduce the amount of or prohibit entirely a cost regarding the retaking, storing or repairing of a motor vehicle under section 6256 (relating to buyer's liability for costs) if the cost:

(i)appears to be fictitious, unnecessary, unreasonable or exorbitant; or

(ii)would not have been incurred by a prudent person under similar circumstances.

(b)Applicability.--

(1)This section applies whether the person acts or claims to act as principal, agent or broker, either under or without the authority of this chapter.

(2)A person who is not licensed under this chapter is presumed to be engaged in a business contemplated by this chapter if the person, as principal, agent or broker, advertises or solicits business for which a license is required by the provisions of this chapter.

(c)Administration.-- In the case of disobedience of a subpoena or the noncooperation of a witness appearing before the department, the department may invoke the aid of the courts, and the court shall issue an order requiring the person subpoenaed to obey the subpoena, give evidence or produce records relative to the matter in question. Failure to obey the court order may be punished by the court as contempt.

(d)Expenses.-- The expenses incurred by the department in connection with an examination or investigation, including a proportionate part of the salary of an examiner or other employee of the department and counsel assigned by the department, may be assessed by the department upon the particular person examined or investigated.

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