596 - Superintendent authorized to examine; expenses.

§ 596. Superintendent authorized to examine; expenses. For the purpose  of  discovering  violations  of  this  article  or  securing information  lawfully required by him hereunder, the superintendent may at any  time,  and  as  often  as  he  or  she may determine, either personally or by a  person duly designated by him, investigate the business and examine  the  books,  accounts,  records,  and  files  used therein of every licensee,  servicer and registrant. For that purpose the superintendent and his  or  her duly designated representative shall have free access to the offices  and  places  of business, books, accounts, papers, records, files, safes  and vaults  of  all  such  licensees,  servicers  and  registrants.  The  superintendent  and  any person duly designated by him or her shall have  authority to require the attendance of and to  examine  under  oath  all  persons whose testimony he or she may require relative to such business.  The expenses incurred in making any examination pursuant to this section  shall  be  assessed  against  and  paid  by  the  licensee,  servicer or  registrant so examined, except that traveling and  subsistence  expenses  so incurred shall be charged against and paid by licensees, servicers or  registrants  in  such  proportions as the superintendent shall deem just  and reasonable, and such proportionate charges shall  be  added  to  the  assessment  of  the  other expenses incurred upon each examination. Upon  written notice by  the  superintendent  of  the  total  amount  of  such  assessment, the licensee, servicer or registrant shall become liable for  and shall pay such assessment to the superintendent.    In  any  hearing  in which the bank examiner acting under authority of  this chapter is available for cross-examination,  any  official  written  report, worksheet, other related papers, or duly certified copy thereof,  compiled,  prepared,  drafted,  or otherwise made by said bank examiner,  after being duly authenticated by said  examiner,  may  be  admitted  as  competent  evidence  upon the oath of said examiner that said worksheet,  investigative report, or other related  documents  were  prepared  as  a  result  of  an  examination  of  the  books  and  records of a licensee,  servicer or registrant  or  other  person,  conducted  pursuant  to  the  authority of this chapter.