Powers and duties of department

Act 117 of 2008, § 17, under DEBT MANAGEMENT SERVICES ACT - ENACTMENT.

Act 117 of 2008, § 17

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.