2010 New York Code
BNK - Banking
Article 11-B - (491 - 502) SALES FINANCE COMPANIES
497 - Investigations and examinations.

§ 497.  Investigations  and  examinations. 1. The superintendent shall
  have the power to make such investigations as he shall deem necessary to
  determine whether any licensee or any other person has violated  any  of
  the  provisions  of  this  article  or  any other law relating to retail
  instalment sales, contracts, obligations or credit  agreements,  and  to
  the  extent necessary for this purpose, he may require the attendance of
  and examine any person under oath, and shall have the  power  to  compel
  the production of all relevant books, records, accounts, and documents.
    2.  The  superintendent shall have the power to make such examinations
  of the books, records, accounts and documents used in  the  business  of
  any  licensee  as  he  shall  deem  necessary  to determine whether such
  licensee has violated any of the provisions of this article or any other
  law relating to  retail  instalment  sales,  contracts,  obligations  or
  credit agreements.
    3.  The  expenses  incurred  in  making  any  examination  pursuant to
  subdivision two of this  section  four  hundred  ninety-seven  shall  be
  assessed  against  and  paid  by  the  licensee so examined, except that
  traveling and subsistence expenses so incurred shall be charged  against
  and  paid  by  licensees in such proportions as the superintendent shall
  deem just and reasonable, and such proportionate charges shall be  added
  to  the assessment of the other expenses incurred upon each examination.
  Upon written notice by the superintendent of the total  amount  of  such
  assessment,  the  licensee  shall  become  liable for and shall pay such
  assessment to the superintendent.
    4.  All  reports  of  examinations   and   investigations,   and   all
  correspondence   and   memoranda  concerning  or  arising  out  of  such
  examinations or investigations, including any duly authenticated copy or
  copies thereof  in  the  possession  of  any  licensee  or  the  banking
  department,  shall  be confidential communications, shall not be subject
  to subpoena and shall not be made public unless, in the judgment of  the
  superintendent,  the  ends  of  justice and the public advantage will be
  subserved by the publication thereof, in which event he may  publish  or
  authorize the publication of a copy of any such report or other material
  referred  to  in  this  subdivision  four,  or any part thereof, in such
  manner, as he may deem proper.

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