SECTION 7. Section 58-15-9 NMSA 1978 (being Laws 1955, Chapter 128, Section 9, as amended) is amended to see:
“58-15-9. STUDY OF LICENSEE’S BOOKS AND RECORDS–WITNESSES.–
A. The director or the director’s authorized representative shall make an examination of the place of business of each licensee and the loans, transactions, books, papers and records of the licensee insofar as they pertain to the business licensed under the New Mexico Small Loan Act of 1955 as the director may deem necessary at least once each year. The licensee shall spend towards the manager for such examination that is annual charge of $ 200 ($200).
B. Within an acceptable time following the conclusion of a study of an authorized workplace, the manager shall mail towards the licensee a duplicate associated with report associated with the assessment, as well as any responses, exceptions, objections or criticisms associated with the manager in regards to the conduct regarding the licensee therefore the procedure of this licensed workplace.
C. The director or the director’s authorized representative may at any time investigate the business and examine the books, accounts, papers and records used therein, including income tax returns or other reports filed in the office of the director of the revenue processing division of the taxation and revenue department of for the purpose of discovering violations of the New Mexico Small Loan Act of 1955 or of securing information lawfully required under that act
(2) some other individual involved in business described in Subsection A of section NMSA that is 58-15-3 1978 taking part in such company as major, representative, broker or perhaps; and
(3) anyone who the manager has reasonable cause to think is breaking any supply of this brand brand New Mexico Small Loan Act of 1955, perhaps the person claims become in the authority or beyond the range of this work.
D. When it comes to purposes with this part, somebody who advertises, solicits or makes any representation to be happy to make loan deals in virtually any quantity, except people, finance institutions or financing agencies running under charters or licenses granted by circumstances or federal agency or under any unique statute, will be at the mercy of investigation underneath the brand new Mexico Small Loan Act of 1955 and will be presumed become involved with the company described in Subsection A of area payday loans MN 58-15-3 NMSA 1978 as to virtually any loans of two thousand five hundred bucks ($2,500) or less .
E. To facilitate the exams and investigations by the manager and completely reveal the operations and types of procedure of every licensed office, the licensee shall, in each licensed office, continue file as an element of the documents associated with workplace all workplace manuals, communications or directives containing statements of loan policy to workplace managers and workers. The licensee shall keep in at least one office for information of the director a record of the several individuals, firms, beneficiaries of any trust and corporations deriving or receiving any part of the benefits, net income or profits from the operation of the licensee within New Mexico if the licensee is an individual, corporation, trust or association.
F. The director or the director’s authorized representative shall have and be given free access to the offices and places of business, files, safes and vaults of all licensees and shall have authority to require the attendance of any person and to examine the person under oath relative to such loans or business or to the subject matter of any examination, investigation or hearing as provided in the New Mexico Small Loan Act of 1955 for the purposes of this section. Notices to seem ahead of the manager for assessment under oath may be offered by subscribed mail. In the event that celebration notified to look could be the licensee, anybody called regarding the face regarding the license being examined or any representative, worker or supervisor taking part in the licensee’s company therefore the celebration does not appear for assessment or will not respond to questions submitted, the manager may, forthwith and without further notice towards the licensee, suspend the permit included pending conformity using the notice. The director may apply to and invoke the aid of any district court of New Mexico in compelling the attendance and testimony of any such person and the production of books, records, written instruments and documents relating to the business of the licensee upon failure of any other person to appear or to answer questions. The region court whoever help is really invoked by the manager may, in case there is contumacy or refusal to obey any purchase of this region court issued to compel the attendance of the individual or perhaps the creation of publications, documents, written instruments and documents, punish the individual in terms of contempt of court.