2010 Pennsylvania Code
Title 7 - BANKS AND BANKING
Chapter 61 - Mortgage Loan Industry Licensing and Consumer Protection
6138 - Authority of department.

     § 6138.  Authority of department.
        (a)  General authority.--The department shall have the
     authority to:
            (1)  Examine any instrument, document, account, book,
        record or file of a licensee or any person having a
        connection to the licensee or make other investigation as may
        be necessary to administer the provisions of this chapter.
        Pursuant to this authority, the department may remove any
        instrument, document, account, book, record or file of a
        licensee to a location outside of the licensee's office
        location. The costs of the examination shall be borne by the
        licensee or the entity subject to the examination.
            (2)  Conduct administrative hearings on any matter
        pertaining to this chapter, issue subpoenas to compel the
        attendance of witnesses and the production of instruments,
        documents, accounts, books and records at any hearing. The
        instruments, documents, accounts, books and records may be
        retained by the department until the completion of all
        proceedings in connection with which the materials were
        produced. A department official may administer oaths and
        affirmations to a person whose testimony is required. In the
        event a person fails to comply with a subpoena issued by the
        department or to testify on a matter concerning which he may
        be lawfully interrogated, on application by the department,
        the Commonwealth Court may issue an order requiring the
        attendance of the person, the production of instruments,
        documents, accounts, books and records and the giving of
        testimony.
            (3)  Request and receive information or records of any
        kind, including reports of criminal history record
        information from any Federal, State, local or foreign
        government entity regarding an applicant for a license,
        licensee or person related in any way to the business of the
        applicant or licensee, at a cost to be paid by the applicant
        or licensee.
            (4)  Issue regulations, statements of policy or orders as
        may be necessary for the proper conduct of the mortgage loan
        business by licensees, the issuance and renewal of licenses
        and the enforcement of this chapter.
            (5)  Prohibit or permanently remove a person or licensee
        responsible for a violation of this chapter from working in
        the present capacity or in any other capacity of the person
        or licensee related to activities regulated by the
        department.
            (6)  Order a person or licensee to make restitution for
        actual damages to consumers caused by any violation of this
        chapter.
            (7)  Issue cease and desist orders that are effective
        immediately, subject to a hearing as specified in subsection
        (b) within 14 days of the issuance of the order.
            (8)  Impose such other conditions as the department deems
        appropriate.
        (b)  Hearings.--A person aggrieved by a decision of the
     department may appeal the decision of the department to the
     Secretary of Banking. The appeal shall be conducted under 2
     Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of
     Commonwealth agencies).
        (c)  Injunctions.--The department may maintain an action for
     an injunction or other process against a person to restrain and
     prevent the person from engaging in an activity violating this
     chapter.
        (d)  Final orders.--A decision of the Secretary of Banking
     shall be a final order of the department and shall be
     enforceable in a court of competent jurisdiction. The department
     may publish final adjudications issued under this section,
     subject to redaction or modification to preserve
     confidentiality. The department shall regularly report
     violations of this chapter, enforcement actions and other
     relevant information to the Nationwide Mortgage Licensing System
     and Registry.
        (e)  Appeals.--A person aggrieved by a decision of the
     Secretary of Banking may appeal the decision under 2 Pa.C.S. Ch.
     7 Subch A. (relating to judicial review of Commonwealth agency
     action).
        (f)  Orders affecting mortgage originators.--An order issued
     against a licensee is applicable to the mortgage originators
     employed by the licensee.
     (Aug. 5, 2009, P.L.117, No.31, eff. imd.)

        2009 Amendment.  Act 31 amended subsec. (d).
        Cross References.  Section 6138 is referred to in section
     6112 of this title.