Okla. Stat. tit. 14A, § 3-506
Examination of Licensees - Access to Records - Investigations - Injunctions
Effective Sep 1, 1993Laws 1969, HB 1001, c. 352, § 3-506, emerg. eff. July 1, 1969; Amended by Laws 1987, SB 61, c. 208, § 42, emerg. eff. July 1, 1987; Amended by Laws 1987, HB 1473, c. 236, § 68, emerg. eff. July 20, 1987; Amended by Laws 1993, HB 1831, c. 270, § 24, eff. September 1, 1993; Amended by Laws 1993, SB 393, c. 329, § 9, eff. September 1, 1993.
- (1) At such times as the Administrator shall deem necessary, the Administrator or his duly authorized representative shall make an examination of the place or places of business of each licensee and shall inquire into and examine the loans, transactions, books, accounts, papers, correspondence, and records of such licensee insofar as they pertain to the business regulated by this act. In the course of such examination, the Administrator or his duly authorized representative shall have free access to the office, place of business, files, safes and vaults of such licensee, and shall have the right to make copies of such books, accounts, papers, correspondence and records. The Administrator or his duly authorized representative may, during the course of such examination, administer oaths and examine any person under oath upon any subject pertinent to any matter about which the Administrator is authorized or required by this act to consider, investigate, or secure information. Any licensee who shall fail or refuse to let the Administrator or his duly authorized representative examine or make copies of such books, or other relevant documents shall thereby be deemed in violation of this act and such failure or refusal shall constitute grounds for the suspension or revocation of such license. The information obtained in the course of such examination shall be confidential. Each licensee shall pay to the Administrator an amount assessed by the Administrator to cover the direct and indirect cost of such examination and a proportionate share of general administrative expense, not to exceed Three Hundred Dollars ($300.00); provided, however, that for any examination which lasts in excess of eight (8) hours, the Administrator shall charge an additional fee of Fifty Dollars ($50.00) per hour for each examiner required to complete such an examination; provided, further, that the Administrator may waive the examination fee for any examination which takes one (1) hour or less. No licensee shall be assessed and charged an examination fee in excess of Six Hundred Dollars ($600.00) for each licensed office in any one (1) calendar year.
- (2) For the purpose of discovering violations of this act or of securing information required hereunder, the Administrator or his duly authorized representative may investigate the books, accounts, papers, correspondence and records of any licensee or other person whom the Administrator has reasonable cause to believe is violating any provision of this act whether or not such person shall claim to be within the authority or scope of this part. For the purpose of this part any person who advertises for, solicits or holds himself out as willing to make loans on which the loan finance charge exceeds ten percent (10%) per year as determined according to the provisions on loan finance charges for consumer loans, Section 14A-3-201 of this title, shall be presumed to be engaged in the business of making supervised loans.
- (3) Each licensee shall keep or make available in this state such books and records relating to loans made under this act as are necessary to enable the Administrator to determine whether the licensee is complying with this act. Such books and records shall be consistent with accepted accounting practices.
- (4) Each licensee shall preserve or make available such books and records in this state relating to each of its loans for four (4) years from the date of the loan, or two (2) years from the date of the final entry made thereon, whichever is later. Each licensee's system of records shall be accepted if it discloses such information as may be reasonably required under this act. All obligations signed by borrowers shall be kept at an office in this state designated by the licensee, except when transferred under an agreement which gives the Administrator access thereto.
- (5) Each licensee shall, annually on or before the first day of May or other date thereafter fixed by the Administrator, file a report with the Administrator setting forth such relevant information as the Administrator may reasonably require concerning the business and operations during the preceding calendar year for each licensed place of business conducted by such licensee with the state. Such report shall be made under oath and shall be in the form prescribed by the Administrator, who shall make and publish annually a consolidated analysis and recapitulation of such reports, but the individual reports shall be held confidential.
- (6) The Administrator may promulgate rules necessary for the enforcement of this act and consistent with all of its provisions. Each such rule shall refer to the part, section or subsection to which it applies. Before adopting a rule the Administrator shall give every licensee at least thirty (30) days' written notice of a public hearing, stating the time and place thereof and the terms or substance of the proposed rule. At the hearing, any licensee or other person may be heard and introduce evidence, data, or arguments or place the same on file. The Administrator shall adopt and promulgate every rule in written form stating the date of adoption and the date of promulgation. Each rule shall be entered in a permanent book which shall be a public record and be kept in the Administrator's office. A copy of every rule shall be mailed to each licensee and no rule shall become effective until the expiration of at least twenty (20) days after such mailing.
- (7) On application of any person and payment of the costs therefor, the Administrator shall furnish under his seal and signed by him or his assistants, a certificate of good standing or a certified copy of any license, rule or order.
- (8) Any transcript of any hearing held by the Administrator under this act shall be a public record and open to inspection at all reasonable times.
- (9) Upon failure without lawful excuse to obey a subpoena or to give testimony and upon reasonable notice to all persons affected thereby, the Administrator may apply to a court for an order compelling compliance, as provided by the Administrative Procedures Act.
Laws 1969, HB 1001, c. 352, § 3-506, emerg. eff. July 1, 1969; Amended by Laws 1987, SB 61, c. 208, § 42, emerg. eff. July 1, 1987; Amended by Laws 1987, HB 1473, c. 236, § 68, emerg. eff. July 20, 1987; Amended by Laws 1993, HB 1831, c. 270, § 24, eff. September 1, 1993; Amended by Laws 1993, SB 393, c. 329, § 9, eff. September 1, 1993.