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TITLE 7BANKING AND SECURITIES
PART 4DEPARTMENT OF SAVINGS AND MORTGAGE LENDING
CHAPTER 79RESIDENTIAL MORTGAGE LOAN SERVICERS
SUBCHAPTER BCOMPLAINTS AND INVESTIGATIONS
RULE §79.20Investigations

(a) Investigations will be conducted as deemed appropriate in light of all the relevant facts and circumstances then known. Such investigation may include any or all of the following:

  (1) review of documentary evidence;

  (2) interviews with complainants, registrants, and third parties;

  (3) obtaining reports, advice, and other comments and assistance of other state and/or federal regulatory, enforcement, or oversight bodies; and

  (4) other lawful investigative techniques as the Commissioner reasonably deems necessary and/or appropriate, including, but not limited to, requesting that complainants and/or other parties made the subject of complaints provide explanatory, clarifying, or supplemental information.

(b) If the Department requests reports or other information of registrant and registrant does not respond as required a $150 penalty may be assessed against the registrant.

(c) A complaint investigation fee may be assessed against a person required to be registered under this Act. The amount of the complaint investigation fee assessed is limited to costs incurred, will be at the discretion of the Commissioner, and may not exceed $975 per complaint.

(d) The Commissioner may conduct a Departmental investigation if the Commissioner, after due consideration of the circumstances, determines that the investigation is necessary to prevent immediate harm and to carry out the purposes of the Act.


Source Note: The provisions of this §79.20 adopted to be effective January 5, 2012, 36 TexReg 9290; amended to be effective November 7, 2019, 44 TexReg 6523

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