In addition to any authority allowed under this Act, the Secretary shall have the authority to conduct investigations and examinations as follows:
         (1) For purposes of initial licensing, license
    
renewal, license suspension, license conditioning, license revocation or termination, or general or specific inquiry or investigation to determine compliance with this Act, the Secretary shall have the authority to access, receive, and use any books, accounts, records, files, documents, information, or evidence, including, but not limited to, the following:
            (A) criminal, civil, and administrative history
        
information, including nonconviction data as specified in the Criminal Code of 2012;
            (B) personal history and experience information,
        
including independent credit reports obtained from a consumer reporting agency described in Section 603(p) of the federal Fair Credit Reporting Act; and
            (C) any other documents, information, or evidence
        
the Secretary deems relevant to the inquiry or investigation, regardless of the location, possession, control, or custody of the documents, information, or evidence.
        (2) For the purposes of investigating violations or
    
complaints arising under this Act or for the purposes of examination, the Secretary may review, investigate, or examine any licensee, individual, or person subject to this Act as often as necessary in order to carry out the purposes of this Act. The Secretary may direct, subpoena, or order the attendance of and examine under oath all persons whose testimony may be required about the loans or the business or subject matter of any such examination or investigation, and may direct, subpoena, or order the person to produce books, accounts, records, files, and any other documents the Secretary deems relevant to the inquiry.
        (3) Each licensee, individual, or person subject to
    
this Act shall make available to the Secretary upon request the books and records relating to the operations of the licensee, individual, or person subject to this Act. The Secretary shall have access to those books and records and interview the officers, principals, employees, independent contractors, agents, and customers of the licensee, individual, or person subject to this Act concerning their business.
        (4) Each licensee, individual, or person subject to
    
this Act shall make or compile reports or prepare other information as directed by the Secretary in order to carry out the purposes of this Section, including, but not limited to:
            (A) accounting compilations;

Terms Used In Illinois Compiled Statutes 110 ILCS 992/20-40

  • Contract: A legal written agreement that becomes binding when signed.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

             (B) information lists and data concerning loan
        
transactions in a format prescribed by the Secretary; or
            (C) other information deemed necessary to carry
        
out the purposes of this Section.
        (5) In making any examination or investigation
    
authorized by this Act, the Secretary may control access to any documents and records of the licensee or person under examination or investigation. The Secretary may take possession of the documents and records or place a person in exclusive charge of the documents and records in the place where they are usually kept. During the period of control, no person shall remove or attempt to remove any of the documents or records, except pursuant to a court order or with the consent of the Secretary. Unless the Secretary has reasonable grounds to believe the documents or records of the licensee have been, or are at risk of being altered or destroyed for purposes of concealing a violation of this Act, the licensee or owner of the documents and records shall have access to the documents or records as necessary to conduct its ordinary business affairs.
        (6) In order to carry out the purposes of this
    
Section, the Secretary may:
            (A) retain attorneys, accountants, or other
        
professionals and specialists as examiners, auditors, or investigators to conduct or assist in the conduct of examinations or investigations;
            (B) enter into agreements or relationships with
        
other government officials or regulatory associations in order to improve efficiencies and reduce regulatory burden by sharing resources, standardized or uniform methods or procedures, and documents, records, information, or evidence obtained under this Section;
            (C) use, hire, contract, or employ public or
        
privately available analytical systems, methods, or software to examine or investigate the licensee, individual, or person subject to this Act;
            (D) accept and rely on examination or
        
investigation reports made by other government officials, within or outside this State; or
            (E) accept audit reports made by an independent
        
certified public accountant for the licensee, individual, or person subject to this Act in the course of that part of the examination covering the same general subject matter as the audit and may incorporate the audit report in the report of the examination, report of investigation, or other writing of the Secretary.
        (7) The authority of this Section shall remain in
    
effect, whether such a licensee, individual, or person subject to this Act acts or claims to act under any licensing or registration law of this State or claims to act without the authority.
        (8) No licensee, individual, or person subject to
    
investigation or examination under this Section may knowingly withhold, abstract, remove, mutilate, destroy, or secrete any books, records, computer records, or other information.
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