2006 Utah Code - 70D-1-15 — Investigation by department.

     70D-1-15.   Investigation by department.
     (1) If the department has probable cause to believe that a mortgage lender, broker, or servicer has violated any law, rule, or regulations relating to its business or any obligation to a mortgagor, it may make an investigation to determine if a violation has been committed. To the extent necessary for this purpose, the department may administer oaths or affirmations under penalty of perjury, and, upon its own motion or upon request of any person, may subpoena witnesses, compel their attendance, adduce evidence under penalty of perjury, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things of any kind or nature and the identity and location of persons having knowledge of relevant facts, or any other matter reasonably calculated to lead to the discovery of admissible evidence.
     (2) If the department requires a person to produce records which are located outside this state, the person shall either make them available to the department at a convenient location within this state or pay the reasonable and necessary expenses for the department to examine them at the place where they are maintained. The department may designate representatives, including officials of the state in which the records are located, to inspect them on its behalf.
     (3) Upon failure without lawful excuse to obey a subpoena or give testimony, and upon reasonable notice to all affected persons, the department may apply to the Third District Court or to any other district court for an order compelling compliance.
     (4) Unless otherwise required by law the department may not make public the name or identity of a person whose acts or conduct it investigates pursuant to this section or the facts disclosed in the investigation.
     (5) Subsection (4) does not apply to disclosures in enforcement proceedings conducted pursuant to this chapter.

Enacted by Chapter 172, 1990 General Session