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1321.07 Yearly study of licensee – costs and mileage of sheriff and witnesses – subpoena.

1321.07 Yearly study of licensee – costs and mileage of sheriff and witnesses – subpoena.

One or more times every year the unit of finance institutions shall make an study of the business enterprise, online installment loans pennsylvania loans, books, documents, and documents of every licensee up to now because they relate into the licensed business, plus it can make this kind of examination more often in case it is required for the correct administration of parts 1321.01 to 1321.19 for the Revised Code.

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

(B) Other people involved with the company described in section 1321.02 of the Revised Code or taking part in such company as major, agent, broker, or else;

(C) anybody whom the division has reasonable cause to think has violated, is breaking, or perhaps is going to violate parts 1321.01 to 1321.19 associated with Revised Code, whether or otherwise not the person claims to do something under such parts. For the intended purpose of this part, any one who advertises, solicits, or holds self away as prepared to make, find, or arrange for another individual which will make loan deals when you look at the quantity or associated with the value of five thousand bucks or less, is assumed become involved in the company described in the 1st paragraph of area 1321.02 regarding the Revised Code.

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 unit might need the attendance of these witnesses in addition to manufacturing of these publications, records, and documents, as can be needed either by the unit or by any celebration to a hearing prior to the unit, as well as that function may issue a subpoena for just about any witness or even a subpoena duces tecum, to compel the production of any publications, documents, or documents, directed to your sheriff for the county where witness that is such or perhaps is found, which will probably be served and came back very much the same as a subpoena in criminal instances is offered and came back.

The charges regarding the sheriff will probably be just like that permitted when you look at the court of typical pleas in unlawful situations. Witnesses will probably be compensated the fees and mileage provided for less than section 119.094 of the Revised Code. Charges and mileage will probably be compensated through the funds associated with the unit. No witness subpoenaed at the example of events aside from the division is eligible to 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 protect publications – annual report.

(A) Every licensee shall keep and make use of into the licensee’s company such publications, records, and documents because will allow the unit of banking institutions to ascertain whether or not the licensee is complying with parts 1321.01 to 1321.19 for the Revised Code along with the requests and guidelines produced by the division under those parts. Every licensee shall protect such publications, reports, and documents for at the very least 2 yrs after making the entry that is final any loan recorded therein. Accounting systems maintained in whole or in component by mechanical or data that are electronic practices that provide information comparable to that otherwise required are acceptable because of this function.

Every licensee each year shall file a report with the division giving such relevant information concerning the business and operations, during the preceding calendar year, of each licensed place of business conducted by the licensee within the state as required by the superintendent of financial institutions. If a licensee has one or more office through this state it really is optional utilizing the licensee to furnish the report for every location, or a composite report for all areas. Such report will probably be made under oath into the kind prescribed by the unit, which shall make and publish yearly an analysis and recapitulation of these reports. Such licensee reports are not public information and shall simply be utilized by the division for the true purpose of enforcing parts 1321.01 to 1321.19 for the Revised Code or any guidelines or requests made in conformity with those parts. Such licensee reports might be introduced into proof or disclosed when as well as in the way in which authorized in part 1181.25 regarding the Revised Code, or in reference to unlawful procedures.

This area will not stop the division from releasing to or exchanging along with other standard bank regulatory authorities information concerning licensees.

(B) For purposes of the section, “financial institution regulatory authority” includes a regulator of a small business activity by which a licensee is involved, or has used to take part in, to your degree that the regulator has jurisdiction over a licensee involved with that company task. A licensee is involved in a continuing company activity, and a regulator of the company task has jurisdiction within the licensee, whether or not the licensee conducts the activity directly or a subsidiary or affiliate for the licensee conducts the activity.

Effective Date: 06-18-2002.

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