Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 456.521 - Enforcement(a) Enforcement.-- The department may conduct examinations and investigations and issue subpoenas and orders to enforce the provisions of this chapter as provided by the act of May 15, 1933 (P.L. 565, No. 111), known as the Department of Banking Code, and with respect to a person licensed or subject to the following acts: (1) Act of April 8, 1937 (P.L. 262, No. 66), known as the Consumer Discount Company Act.(2) Act of November 30, 1965 (P.L. 847, No. 356), known as the Banking Code of 1965.(3) Act of December 14, 1967 (P.L. 746, No. 345), known as the Savings Association Code of 1967.(4) Act of December 12, 1980 (P.L. 1179, No. 219), known as the Secondary Mortgage Loan Act.(5)Act of December 22, 1989 (P.L. 687, No. 90) , known as the Mortgage Bankers and Brokers Act.(6) 17 Pa.C.S. (relating to credit unions).(b) Examinations and reports.--The department may examine any instrument, document, account, book, record or file of a person originating or brokering a covered loan under this chapter. The department may recover the cost of such examinations from the person. A person originating or brokering covered loans shall maintain its records in a manner that will facilitate the department determining whether the person is complying with the provisions of this chapter and the regulations promulgated under this chapter. The department may require the submission of reports by persons originating or brokering covered loans which shall set forth such information as the department may require.(c) Subpoena.--In the event that a person fails to comply with a subpoena for documents or testimony issued by the department, the department may request an order from the Commonwealth Court requiring the person to produce the requested information.(d) Administrative penalties.--If the department determines that a person has violated the provisions of this chapter, the department may do any combination of the following that it deems appropriate: (1) Impose a civil penalty of up to $2,000 for each offense. The department may require the person to pay investigative costs, if any.(2) Suspend, revoke or refuse to renew any license issued by the department.(3) Prohibit or permanently remove an individual responsible for a violation of this chapter from working in his or her present capacity or in any other capacity related to activities regulated by the department.(4) Order a person to cease and desist any violation of this chapter and to make restitution for actual damages to obligors.(5) Impose such other conditions as the department deems appropriate.(e) Hearings.--Any person aggrieved by a decision of the department and which has a direct interest in the decision may appeal the decision of the department to the Secretary of Banking. The appeal shall be conducted in accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies).(f) Injunctions.--The department may maintain an action for an injunction or other process against any person to restrain and prevent the person from engaging in any activity violating this chapter.(g) Final orders.--A decision of the Secretary of Banking shall be a final order of the department and shall be enforceable in a court of competent jurisdiction. The department shall publish the final adjudication issued in accordance with this section, subject to redaction or modification to preserve confidentiality.(h) Appeals.--Any person aggrieved by a decision of the Secretary of Banking and which has a direct interest in the decision may appeal the decision in accordance with 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).1989, Dec. 22, P.L. 687, No. 90, § 521, added 2001, June 25, P.L. 621, No. 55, § 8, effective in 1 year.