Section 17. Powers and duties of department.
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 investigations as
may be necessary to administer the provisions of this act.
The examination may include documents, accounts, books or
records that relate to the operation of the licensee that are
in the possession of an affiliate, subsidiary or other
business entity. Pursuant to this authority, the department
may remove any instrument, document, account, book, record or
file of a licensee or person to a location outside of the
licensee's or person's office location. The examination may
be conducted without prior notice to the licensee or person
and the costs of the examination shall be borne by the
licensee or person subject to the examination.
(2) Conduct administrative hearings on any matter
pertaining to this act, issue subpoenas to compel the
attendance of witnesses or the production of documents,
accounts, books or records at a hearing. A document, account,
book or record subject to subpoena may be retained by the
department until the proceeding in connection with which it
was subpoenaed is completed. A department official may
administer oaths or affirmations to a person whose testimony
is required.
(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, a licensee or a
person related to the business of debt management services.
The cost associated with the request shall be paid by the
applicant or licensee.
(4) Promulgate regulations or issue statements of policy
or orders to ensure the proper administration or enforcement
of this act and the proper conduct of licensees under this
act.
(5) Prohibit a person or licensee that violates this act
from working in any capacity related to activities regulated
by the department.
(6) Order a person or licensee to make restitution for
actual damages to consumers caused by a violation of this act
or to refund fees collected in violation of this act.
(7) Issue a cease and desist order that takes effect
immediately, but that is subject to a hearing within 14 days
of the issuance of the order.
(8) Impose other conditions or take other actions as the
department deems appropriate to administer or enforce this
act.
(9) Provide the following on its Internet website:
(i) Information for licensees on the provisions of
this act.
(ii) Information for consumers regarding the
protections of this act.
(iii) Information on filing consumer complaints,
including a toll-free telephone number.
(iv) A list of current licensees.
(10) Except for the information specified in section
5(7), make the information collected under section 5
available to the public upon request to the department
pursuant to the act of February 14, 2008 (P.L.6, No.3), known
as the Right-to-Know Law.