Investigations and examinations, authority of director.
443.735. In addition to any authority allowed under sections 443.701to 443.893, the director shall have the authority to conduct investigationsand examinations as follows:
(1) For purposes of initial licensing, license renewal, licensesuspension, license conditioning, license revocation or termination, orgeneral or specific inquiry or investigation to determine compliance withsections 443.701 to 443.893, the director shall have the authority toaccess, receive, and use any books, accounts, records, files, documents,information, or evidence, including but not limited to:
(a) Criminal, civil, and administrative history information,including nonconviction data; and
(b) Personal history and experience information including independentcredit reports obtained from a consumer reporting agency described inSection 603(p) of the Fair Credit Reporting Act. No applicant would bedenied a license solely on the basis of a credit score; and
(c) Any other documents, information, or evidence the director deemsrelevant to the inquiry or investigation regardless of the location,possession, control, or custody of such documents, information, orevidence;
(2) For the purposes of investigating violations or complaintsarising under sections 443.701 to 443.893, or for the purposes ofexamination, the director may review, investigate, or examine any licensee,individual, or person subject to sections 443.701 to 443.893 as often asnecessary to carry out the purposes of sections 443.701 to 443.893. Thedirector may direct, subpoena, or order the attendance of and examine underoath all persons whose testimony may be required about the loans or thebusiness or subject matter of any such examination or investigation, andmay direct, subpoena, or order such person to produce books, accounts,records, files, and any other documents as the director deems relevant tothe inquiry;
(3) Each licensee, individual, or person subject to sections 443.701to 443.893 shall make available to the director, upon request, the booksand records relating to the operations of such licensee, individual, orperson subject to sections 443.701 to 443.893. The director shall haveaccess to such books and records and may interview the officers,principals, mortgage loan originators, employees, independent contractors,agents, and customers of the licensee, individual, or person subject tosections 443.701 to 443.893 concerning their business;
(4) Each licensee, individual, or person subject to sections 443.701to 443.893 shall make or compile reports or prepare other information asdirected by the director to carry out the purposes of this section,including but not limited to:
(a) Accounting compilations;
(b) Information lists and data concerning loan transactions in aformat prescribed by the director; or
(c) Such other information deemed necessary to carry out the purposesof this section;
(5) In making any examination or investigation authorized by sections443.701 to 443.893, the director may control access to any documents andrecords of the licensee or person under examination or investigation. Thedirector may take possession of the documents and records or place a personin exclusive charge of the documents and records in the place where theyare usually kept. During the period of control, no individual or personshall remove or attempt to remove any of the documents and records exceptunder a court order or with the consent of the director. Unless thedirector has reasonable grounds to believe the documents or records of thelicensee have been or are at risk of being altered or destroyed forpurposes of concealing a violation by the licensee or owner of thedocuments and records, the licensee or owner shall have access to thedocuments or records as necessary to conduct its ordinary business affairs;
(6) To carry out the purposes of this section, the director may:
(a) Retain attorneys, accountants, or other professionals andspecialists as examiners, auditors, or investigators to conduct or assistin the conduct of examinations or investigations;
(b) Enter into agreements or relationships with other governmentofficials or regulatory associations in order to improve efficiencies andreduce regulatory burden by sharing resources, standardized or uniformmethods or procedures, and documents, records, information, or evidenceobtained under this section;
(c) Use, hire, contract, or employ public or privately availableanalytical systems, methods, or software to examine or investigate thelicensee, individual, or person subject to sections 443.701 to 443.893;
(d) Accept and rely on examination or investigation reports made byother government officials within or without this state; or
(e) Accept audit reports made by an independent certified publicaccountant for the licensee, individual, or person subject to sections443.701 to 443.893 in the course of that part of the examination coveringthe same general subject matter as the audit and may incorporate the auditreport in the report of the examination, report of investigation, or otherwriting of the director;
(7) The authority of this section shall remain in effect whether sucha licensee, individual, or person subject to sections 443.701 to 443.893acts or claims to act under any licensing or registration law of this stateor claims to act without such authority;
(8) No licensee, individual, or person subject to investigation orexamination under this section may knowingly withhold, abstract, remove,mutilate, destroy, or secrete any books, records, computer records, orother information.
Investigations and examinations, authority of director.
443.735. In addition to any authority allowed under sections 443.701to 443.893, the director shall have the authority to conduct investigationsand examinations as follows:
(1) For purposes of initial licensing, license renewal, licensesuspension, license conditioning, license revocation or termination, orgeneral or specific inquiry or investigation to determine compliance withsections 443.701 to 443.893, the director shall have the authority toaccess, receive, and use any books, accounts, records, files, documents,information, or evidence, including but not limited to:
(a) Criminal, civil, and administrative history information,including nonconviction data; and
(b) Personal history and experience information including independentcredit reports obtained from a consumer reporting agency described inSection 603(p) of the Fair Credit Reporting Act. No applicant would bedenied a license solely on the basis of a credit score; and
(c) Any other documents, information, or evidence the director deemsrelevant to the inquiry or investigation regardless of the location,possession, control, or custody of such documents, information, orevidence;
(2) For the purposes of investigating violations or complaintsarising under sections 443.701 to 443.893, or for the purposes ofexamination, the director may review, investigate, or examine any licensee,individual, or person subject to sections 443.701 to 443.893 as often asnecessary to carry out the purposes of sections 443.701 to 443.893. Thedirector may direct, subpoena, or order the attendance of and examine underoath all persons whose testimony may be required about the loans or thebusiness or subject matter of any such examination or investigation, andmay direct, subpoena, or order such person to produce books, accounts,records, files, and any other documents as the director deems relevant tothe inquiry;
(3) Each licensee, individual, or person subject to sections 443.701to 443.893 shall make available to the director, upon request, the booksand records relating to the operations of such licensee, individual, orperson subject to sections 443.701 to 443.893. The director shall haveaccess to such books and records and may interview the officers,principals, mortgage loan originators, employees, independent contractors,agents, and customers of the licensee, individual, or person subject tosections 443.701 to 443.893 concerning their business;
(4) Each licensee, individual, or person subject to sections 443.701to 443.893 shall make or compile reports or prepare other information asdirected by the director to carry out the purposes of this section,including but not limited to:
(a) Accounting compilations;
(b) Information lists and data concerning loan transactions in aformat prescribed by the director; or
(c) Such other information deemed necessary to carry out the purposesof this section;
(5) In making any examination or investigation authorized by sections443.701 to 443.893, the director may control access to any documents andrecords of the licensee or person under examination or investigation. Thedirector may take possession of the documents and records or place a personin exclusive charge of the documents and records in the place where theyare usually kept. During the period of control, no individual or personshall remove or attempt to remove any of the documents and records exceptunder a court order or with the consent of the director. Unless thedirector has reasonable grounds to believe the documents or records of thelicensee have been or are at risk of being altered or destroyed forpurposes of concealing a violation by the licensee or owner of thedocuments and records, the licensee or owner shall have access to thedocuments or records as necessary to conduct its ordinary business affairs;
(6) To carry out the purposes of this section, the director may:
(a) Retain attorneys, accountants, or other professionals andspecialists as examiners, auditors, or investigators to conduct or assistin the conduct of examinations or investigations;
(b) Enter into agreements or relationships with other governmentofficials or regulatory associations in order to improve efficiencies andreduce regulatory burden by sharing resources, standardized or uniformmethods or procedures, and documents, records, information, or evidenceobtained under this section;
(c) Use, hire, contract, or employ public or privately availableanalytical systems, methods, or software to examine or investigate thelicensee, individual, or person subject to sections 443.701 to 443.893;
(d) Accept and rely on examination or investigation reports made byother government officials within or without this state; or
(e) Accept audit reports made by an independent certified publicaccountant for the licensee, individual, or person subject to sections443.701 to 443.893 in the course of that part of the examination coveringthe same general subject matter as the audit and may incorporate the auditreport in the report of the examination, report of investigation, or otherwriting of the director;
(7) The authority of this section shall remain in effect whether sucha licensee, individual, or person subject to sections 443.701 to 443.893acts or claims to act under any licensing or registration law of this stateor claims to act without such authority;
(8) No licensee, individual, or person subject to investigation orexamination under this section may knowingly withhold, abstract, remove,mutilate, destroy, or secrete any books, records, computer records, orother information.
Investigations and examinations, authority of director.
443.735. In addition to any authority allowed under sections 443.701to 443.893, the director shall have the authority to conduct investigationsand examinations as follows:
(1) For purposes of initial licensing, license renewal, licensesuspension, license conditioning, license revocation or termination, orgeneral or specific inquiry or investigation to determine compliance withsections 443.701 to 443.893, the director shall have the authority toaccess, receive, and use any books, accounts, records, files, documents,information, or evidence, including but not limited to:
(a) Criminal, civil, and administrative history information,including nonconviction data; and
(b) Personal history and experience information including independentcredit reports obtained from a consumer reporting agency described inSection 603(p) of the Fair Credit Reporting Act. No applicant would bedenied a license solely on the basis of a credit score; and
(c) Any other documents, information, or evidence the director deemsrelevant to the inquiry or investigation regardless of the location,possession, control, or custody of such documents, information, orevidence;
(2) For the purposes of investigating violations or complaintsarising under sections 443.701 to 443.893, or for the purposes ofexamination, the director may review, investigate, or examine any licensee,individual, or person subject to sections 443.701 to 443.893 as often asnecessary to carry out the purposes of sections 443.701 to 443.893. Thedirector may direct, subpoena, or order the attendance of and examine underoath all persons whose testimony may be required about the loans or thebusiness or subject matter of any such examination or investigation, andmay direct, subpoena, or order such person to produce books, accounts,records, files, and any other documents as the director deems relevant tothe inquiry;
(3) Each licensee, individual, or person subject to sections 443.701to 443.893 shall make available to the director, upon request, the booksand records relating to the operations of such licensee, individual, orperson subject to sections 443.701 to 443.893. The director shall haveaccess to such books and records and may interview the officers,principals, mortgage loan originators, employees, independent contractors,agents, and customers of the licensee, individual, or person subject tosections 443.701 to 443.893 concerning their business;
(4) Each licensee, individual, or person subject to sections 443.701to 443.893 shall make or compile reports or prepare other information asdirected by the director to carry out the purposes of this section,including but not limited to:
(a) Accounting compilations;
(b) Information lists and data concerning loan transactions in aformat prescribed by the director; or
(c) Such other information deemed necessary to carry out the purposesof this section;
(5) In making any examination or investigation authorized by sections443.701 to 443.893, the director may control access to any documents andrecords of the licensee or person under examination or investigation. Thedirector may take possession of the documents and records or place a personin exclusive charge of the documents and records in the place where theyare usually kept. During the period of control, no individual or personshall remove or attempt to remove any of the documents and records exceptunder a court order or with the consent of the director. Unless thedirector has reasonable grounds to believe the documents or records of thelicensee have been or are at risk of being altered or destroyed forpurposes of concealing a violation by the licensee or owner of thedocuments and records, the licensee or owner shall have access to thedocuments or records as necessary to conduct its ordinary business affairs;
(6) To carry out the purposes of this section, the director may:
(a) Retain attorneys, accountants, or other professionals andspecialists as examiners, auditors, or investigators to conduct or assistin the conduct of examinations or investigations;
(b) Enter into agreements or relationships with other governmentofficials or regulatory associations in order to improve efficiencies andreduce regulatory burden by sharing resources, standardized or uniformmethods or procedures, and documents, records, information, or evidenceobtained under this section;
(c) Use, hire, contract, or employ public or privately availableanalytical systems, methods, or software to examine or investigate thelicensee, individual, or person subject to sections 443.701 to 443.893;
(d) Accept and rely on examination or investigation reports made byother government officials within or without this state; or
(e) Accept audit reports made by an independent certified publicaccountant for the licensee, individual, or person subject to sections443.701 to 443.893 in the course of that part of the examination coveringthe same general subject matter as the audit and may incorporate the auditreport in the report of the examination, report of investigation, or otherwriting of the director;
(7) The authority of this section shall remain in effect whether sucha licensee, individual, or person subject to sections 443.701 to 443.893acts or claims to act under any licensing or registration law of this stateor claims to act without such authority;
(8) No licensee, individual, or person subject to investigation orexamination under this section may knowingly withhold, abstract, remove,mutilate, destroy, or secrete any books, records, computer records, orother information.
