Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 611 - Authority of DepartmentA. The department is empowered to investigate, at any time, the business and affairs and examine the books, accounts, papers, records, documents and files of every licensee and of every person who shall be engaged in business contemplated by this act, whether such person shall act, or claim to act, as principal, agent or broker or under or without the authority of this act. For this purpose the department shall have free access to the offices and places of business, books, accounts, papers, records, documents and files of all such persons. A person who is not licensed under this act shall be presumed to be engaged in business contemplated by this act, if he, as principal, agent or broker advertises or solicits business for which a license is required by the provisions of this act, and the department is, in such cases, hereby empowered to examine the books, accounts, papers, records, documents, files, safes and vaults of such persons for the purpose of discovering violations of this act.B. The department is empowered to require the attendance and testimony of witnesses and the production of any books, accounts, papers, records, documents and files relating to such business which the department has authority by this act to investigate, and for this purpose the secretary or a duly authorized representative may sign subpoenas, administer oaths and affirmations, examine witnesses and receive evidence. In case of disobedience of any subpoena or the contumacy of any witness appearing before the department, the secretary may invoke the aid of the courts, and such court shall thereupon issue an order requiring the person subpoenaed to obey the subpoena, or to give evidence, or to produce books, accounts, papers, records, documents and files relative to the matter in question. Any failure to obey such order of the court may be punished by such court as a contempt thereof.C. The expenses incurred by the department in connection with any examination or investigation, including a proportionate part of the salary of any examiner or other employe of the department engaged in the examination or investigation and all counsel assigned by the department to an examination or investigation, may be assessed by the department upon the particular person examined or investigated.1947, June 28, P.L. 1110, §11. Affected 1978, April 28, P.L. 202, No. 53, §2(a) [1254], effective 6/27/1978. Amended 2002, Dec. 9, P.L. 1446, No. 186, § 7, effective in 90 days.