CHAPTER 7. ENFORCEMENT; ADJUSTMENT IN MAXIMUM FEES
IC 24-7-7
Chapter 7. Enforcement; Adjustment in Maximum Fees
IC 24-7-7-1
Enforcement by department
Sec. 1. The department shall enforce this article. To carry out thisresponsibility, the department may do the following:
(1) Receive and act on complaints, take action designed toobtain voluntary compliance with this article, or commenceproceedings on the department's own initiative.
(2) Issue and enforce administrative orders under IC 4-21.5.
(3) Counsel persons and groups on their rights and duties underthis article.
(4) Establish programs for the education of consumers withrespect to rental purchase agreement practices and problems.
(5) Make studies appropriate to effectuate the purposes andpolicies of this article and make the results available to thepublic.
(6) Adopt rules under IC 4-22-2, including emergency rulesunder IC 4-22-2-37.1, to carry out this article.
(7) Maintain more than one (1) office within Indiana.
(8) Bring a civil action to restrain a person from violating thisarticle and for other appropriate relief.
(9) Impose a civil penalty under IC 4-21.5 of not more than tenthousand dollars ($10,000) for a violation of this article or arule adopted under this article.
As added by P.L.254-1987, SEC.1. Amended by P.L.1-1990,SEC.245; P.L.138-1990, SEC.12; P.L.172-1997, SEC.12;P.L.35-2010, SEC.91.
IC 24-7-7-2
Examinations of books and records; record keeping requirements;investigations; court order compelling compliance; confidentiality;record retention; examination of vendors
Sec. 2. (a) A person subject to this article shall make the booksand records of the person reasonably available for inspection by thedepartment or the department's representative. At a minimum, everylessor shall keep a record of all payments remitted by the lessee ona rental purchase agreement, including the following:
(1) The name of the lessee.
(2) The date of each transaction.
(3) The total amount of each payment.
(4) A breakdown of each payment reflecting:
(A) each type of charge; and
(B) the amount of each type of charge.
The method of maintaining this data is at the discretion of the lessor,if hard copies of the required data are readily available. The recordkeeping system of the lessor shall be made available in Indiana forexamination. The director shall determine the sufficiency of therecords and whether the lessor has made the required information
reasonably available.
(b) In administering this article and in order to determinecompliance with this article, the department or the department'srepresentative may examine the books and records of persons subjectto the article and may make investigations of persons necessary todetermine compliance. For this purpose, the department mayadminister oaths or affirmations, and, upon the department's ownmotion or upon request of any party, may subpoena witnesses,compel their attendance, compel testimony, and require theproduction of any matter that is relevant to the investigation,including the existence, description, nature, custody, condition, andlocation of any books, documents, or other tangible things and theidentity and location of persons having knowledge of relevant facts,or any other matter reasonably calculated to lead to the discovery ofadmissible evidence.
(c) If the person's records are located outside Indiana, the personshall, at the person's option, either make them available to thedepartment at a convenient location in Indiana, or pay the reasonableand necessary expenses for the department or the department'srepresentative to examine them at the place where they aremaintained. The department may designate representatives, includingcomparable officials of the state in which the records are located, toinspect them on the department's behalf.
(d) Upon failure without lawful excuse to obey a subpoena or togive testimony and upon reasonable notice to all persons affectedthereby, the department may apply to a court for an order compellingcompliance.
(e) The department may not make public the name or identity ofa person whose acts or conduct the department investigates underthis section or the facts disclosed in the investigation, but thissubsection does not apply to disclosures in actions or enforcementproceedings under this article.
(f) A lessor shall use generally accepted accounting principles andpractices in keeping books and records so that the department or thedepartment's representative may determine if the lessor is incompliance with this article or a rule adopted under this article.
(g) A lessor shall keep the lessor's books and records that pertainto a rental purchase agreement for at least two (2) years after therental purchase agreement has terminated.
(h) If a lessor contracts with an outside vendor to provide aservice that would otherwise be undertaken internally by the lessorand be subject to the department's routine examination procedures,the person that provides the service to the lessor shall, at the requestof the director, submit to an examination by the department. If thedirector determines that an examination under this subsection isnecessary or desirable, the examination may be made at the expenseof the person to be examined. If the person to be examined under thissubsection refuses to permit the examination to be made, the directormay order any lessor that receives services from the person refusingthe examination to: (1) discontinue receiving one (1) or more services from theperson; or
(2) otherwise cease conducting business with the person.
As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990,SEC.13; P.L.172-1997, SEC.13; P.L.35-2010, SEC.92.
IC 24-7-7-3
Assurance of discontinuance of misconduct
Sec. 3. If it is claimed that a person has engaged in conductsubject to an order by the department or by a court under thischapter, the department may accept an assurance in writing that theperson will not engage in the conduct in the future. If a person givingan assurance of discontinuance fails to comply with its terms, theassurance is evidence that before the assurance the person engagedin the conduct described in the assurance.
As added by P.L.254-1987, SEC.1. Amended by P.L.172-1997,SEC.14.
IC 24-7-7-4
Repealed
(Repealed by P.L.138-1990, SEC.15.)