1321.07 Annual study of licensee – charges and mileage of sheriff and witnesses – subpoena.

1321.07 Annual study of licensee – charges and mileage of sheriff and witnesses – subpoena.

At least one time every year the unit of finance institutions shall make a study of the business enterprise, loans, books, papers, and documents of each and every licensee thus far if it is necessary for the proper administration of sections 1321.01 to 1321.19 of the Revised Code as they pertain to the licensed business, and it may make such an examination more frequently.

For the true purpose of discovering violations, the division may whenever you want investigate the business enterprise and examine the books, reports, documents, and documents utilized therein, of:

(B) Other individuals involved with the business enterprise described in section 1321.02 of the Revised Code or taking part in such company as principal, representative, broker, or perhaps;

(C) anyone who the unit has cause that is reasonable think has violated, is violating, or is going to break sections 1321.01 to 1321.19 for the Revised Code, whether or perhaps not the person claims to do something under such sections. Any person who advertises, solicits, or holds self out as willing to make, find, or arrange for another person to make loan transactions in the amount or of the value of five thousand dollars or less, is presumed to be engaged in the business described in the first paragraph of section 1321.02 of the Revised Code for the purpose of this section.

The division shall have and be given free access to the offices and places of business, files, safes, and vaults of all such persons, and may require the attendance of, and examine under oath, any person relative to such loans or such business or to the subject matter of any examination, investigation, or hearing for the purpose of this section. The division may need the attendance of these witnesses and also the manufacturing of these publications, documents, and documents, since could be needed either by the unit or by any celebration to a hearing prior to the unit, and for that function may issue a subpoena for just about any witness or perhaps a subpoena duces tecum, to compel the manufacturing of any publications, documents, or documents, directed towards the sheriff regarding the county where such witness resides or perhaps is discovered, which will probably be offered and came back very much the same as a subpoena in unlawful instances is offered and returned.

The costs regarding the sheriff will be just like that permitted into the court of common pleas in unlawful instances. Witnesses will probably be compensated the costs and mileage provided for less than section 119.094 of the Revised Code. Fees and mileage will probably be compensated through the funds associated with the division. No witness subpoenaed in the example of events aside from the division is eligible for settlement through the state for attendance or travel unless the unit certifies that the witness' testimony was material to the matter that is subject of hearing.

1321.09 Licensee to preserve publications – yearly report.

(A) Every licensee shall keep and employ within the licensee's business such books, records, and documents because will allow the division of finance institutions to ascertain whether or not the licensee is complying with sections 1321.01 to 1321.19 associated with Revised Code along with the requests and rules produced by the unit under those parts. Every licensee shall protect such publications, records, and documents for at the least couple of years after making the entry that is final any loan recorded therein. Accounting systems maintained in entire or perhaps in part by technical or electronic data processing practices that offer information comparable to that otherwise required are appropriate for this function.

As needed by the superintendent of finance institutions, every licensee every year shall file a written report using the unit offering such appropriate information regarding the company and operations, through the preceding calendar year, of each and every licensed how many installment loans can you have in pennsylvania place of business carried out by the licensee in the state. If your licensee has several bar or nightclub through this state it's optional aided by the licensee to furnish the report for every location, or even a composite report for all places. Such report will probably be made under oath within the kind prescribed by the division, which shall make and publish yearly a recapitulation and analysis of these reports. Such licensee reports aren't records that are public shall simply be employed by the unit for the true purpose of enforcing parts 1321.01 to 1321.19 associated with Revised Code or any guidelines or purchases built in compliance with those parts. Such licensee reports can be introduced into evidence or disclosed whenever as well as in the way authorized in part 1181.25 regarding the Revised Code, or in experience of criminal proceedings.

This area will not stop the unit from releasing to or exchanging with other institution that is financial authorities information associated with licensees.

(B) For purposes for this part, "financial organization regulatory authority" includes a regulator of a company task by which a licensee is involved, or has used to take part in, into the level that the regulator has jurisdiction over a licensee involved in that business activity. A licensee is involved in company activity, and a regulator of the company activity has jurisdiction on the licensee, whether or not the licensee conducts the experience straight or a subsidiary or affiliate associated with the licensee conducts the experience.

Effective Date: 06-18-2002.