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This entry was published on 2014-09-22
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Investigations, hearings and reports
§ 646. Investigations, hearings and reports. 1. The superintendent
shall have the power to make such investigations and conduct such
hearings as he shall deem necessary to determine whether any licensee or
any other person has violated any of the provisions of this article, or
whether any licensee has conducted himself in such manner as would
justify the suspension or revocation of his license.

2. In making any investigation or conducting any hearing pursuant to
the provisions of this article, the superintendent, or any person duly
designated by him, shall have the power at all times to subpoena
witnesses; to take depositions of witnesses residing without the state,
in the manner provided for in civil actions in courts of record; to pay
such witnesses the fees and mileage for their attendance provided for
witnesses in civil actions in courts of record; and to administer oaths.
He shall also have the power to compel by order or subpoena the
production of and to examine all relevant books, records, accounts and
other documents. Any person who fails to obey the command of the
subpoena without reasonable excuse, or refuses without reasonable cause
to be served or to be examined or to answer a question or to produce a
book or paper when ordered so to do, or fails to perform any act
required hereunder to be performed, shall be subject to the compulsions
in such cases made and provided by law, and if the person be licensed
hereunder, the superintendent shall have the right to suspend or revoke
the license.

3. The superintendent may require of any licensee such reports, under
oath or otherwise, concerning the licensee's business in this state, as
he may deem necessary for the enforcement of this article.

4. All reports of investigations and other reports rendered pursuant
to this section, and all correspondence and memoranda concerning or
arising out of such investigations or reports, including any duly
authenticated copy or copies thereof in the possession of any licensee
or the department of financial services, shall be confidential
communications, shall not be subject to subpoena and shall not be made
public unless, in the judgment of the superintendent, the ends of
justice and the public advantage will be subserved by the publication
thereof, in which event the superintendent may publish or authorize the
publication of a copy of any such report or other material referred to
in this subdivision, or any part thereof, in such manner as may be
deemed proper. For purposes of this subdivision, "reports of
investigations, and other reports rendered pursuant to this section and
all correspondence and memoranda concerning or arising out of such
investigations or reports" shall have the same meaning as such terms are
defined pursuant to subdivision ten of section thirty-six of this