R 445.1024 Investigation; location; written response; report of findings.
Rule 24. (1) An investigation conducted pursuant to section 8(1) of the act may
include an inspection of the books, records, papers, documents, or files of the credit-
granting institution and may be conducted by either or both of the following means:
(a) An on-site investigation at the office of the credit-granting institution
where an application was submitted or loan inquiry was made that is the subject of a
written complaint or at an office of the credit-granting institution where the
commissioner or a representative of the commissioner reasonably believes the
materials and information necessary to conduct an investigation are located.
(b) By serving the chief executive officer of the credit-granting institution
with a notice of investigation that requires a written response to an allegation of a
violation of the act and submission of copies of all requested materials and
information pertaining to the alleged violation.
(2) An investigation conducted pursuant to subrule 1(b) of this rule shall be
conducted as follows:
(a) The notice of investigation shall contain a short, plain statement of the alleged
violation of the act that enables the credit-granting institution to respond to each
allegation with specificity and assemble all materials and information requested. A
copy of the complaint form or written complaint shall be attached to the notice
of investigation required by this rule.
(b) Each question shall be responded to in writing and in a manner deemed
sufficient by the commissioner or a representative of the commissioner, and all
documentation requested in the notice prescribed by this rule shall be submitted, within
20 days from the date of service of the notice of investigation. In the discretion of the
commissioner, the time to submit materials and information may be extended not more
than 10 days if the credit-granting institution provides written notice to the
commissioner, within 15 days from the date of service, that it has made a good faith
effort to comply with this rule.
(c) The response shall be accompanied by a sworn affidavit signed by an officer
of the credit-granting institution stating that all of the questions have been fully
answered and all
documentation
requested
has been submitted to the
commissioner. If, in the discretion of the commissioner or a representative of the
commissioner, the responses or documentation submitted are insufficient to conduct
an investigation, an additional request for information may be made or an on-site
investigation may be conducted, or both.
(3) At the conclusion of an investigation pursuant to section 8(1) of the act and
these rules, the commissioner or a representative of the commissioner shall issue a
written report of findings to be served on the complainant and the chief executive
officer of the credit-granting institution.
History: 1979 AC; 1995 AACS.
R 445.1025 Rescinded.
History: 1979 AC; 1996 AACS.
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