AREA 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 into the manager for such yearly assessment a cost of $ 200 ($200).
B. The director shall mail to the licensee a copy of the report of the examination, together with any comments, exceptions, objections or criticisms of the director concerning the conduct of the licensee and the operation of the licensed office inside a reasonable time following the conclusion of a study of a licensed workplace.
C. For the intended purpose of discovering violations of this brand new Mexico Small Loan Act of 1955 or of securing information lawfully needed under that work, the manager or even the director’s authorized representative may whenever you want investigate the business enterprise and examine the books, records, documents and documents utilized therein, including earnings tax statements or other reports filed at the office http://cashlandloans.net/payday-loans-ut/ associated with manager regarding the income processing unit regarding the taxation and income division of:
(2) some other individual involved in the company described in Subsection A of section NMSA that is 58-15-3 1978 playing such business as major, representative, broker or else; and
(3) anyone who the manager has cause that is reasonable think is breaking any supply associated with New Mexico Small Loan Act of 1955, whether or not the person claims become inside the authority or beyond the range of this work.
D. For the purposes of the area, someone who advertises, solicits or makes any representation to be happy to make loan deals in just about any quantity, except people, banking institutions or financing agencies running under charters or licenses granted by a situation or federal agency or under any unique statute, will be at the mercy of research beneath the brand new Mexico Small Loan Act of 1955 and will be assumed become involved in the company described in Subsection A of part 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 because of the manager and completely reveal the operations and ways of procedure of every licensed office, the licensee shall, in each licensed workplace, carry on file as an element of the documents for the workplace all workplace manuals, communications or directives containing statements of loan policy to workplace supervisors and workers. In the event that licensee is a person, firm, trust or relationship, the licensee shall retain in one or more workplace for information regarding the manager a record of this a few people, businesses, beneficiaries of any trust and corporations deriving or getting any the main advantages, net gain or earnings through the procedure regarding the licensee within brand new Mexico.
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 show up ahead of the manager for assessment under oath may be offered by subscribed mail. Any person named on the face of the license being investigated or any agent, employee or manager participating in the licensee’s business and the party fails to appear for examination or refuses to answer questions submitted, the director may, forthwith and without further notice to the licensee, suspend the license involved pending compliance with the notice if the party notified to appear is the licensee. 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 can be so invoked by the manager may, in case there is contumacy or refusal to obey any purchase associated with region court issued to compel the attendance of the individual or even the manufacturing of publications, documents, written instruments and documents, punish the individual in terms of contempt of court.