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TITLE 7BANKING AND SECURITIES
PART 4DEPARTMENT OF SAVINGS AND MORTGAGE LENDING
CHAPTER 81MORTGAGE BANKERS AND RESIDENTIAL MORTGAGE LOAN ORIGINATORS
SUBCHAPTER DCOMPLIANCE AND ENFORCEMENT
RULE §81.301Investigations

(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, licensees, and third parties;

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

  (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) The Commissioner may, upon a finding of reasonable cause, investigate a licensee or registrant to determine whether they are complying with Finance Code, Chapter 157 and this chapter.

(c) Reasonable cause will be deemed to exist if the Commissioner has received information from a source the Commissioner has no reason to believe to be other than reliable, including documentary or other evidence or information, indicating facts which a prudent person would deem worthy of investigation as a violation of Finance Code, Chapter 157.


Source Note: The provisions of this §81.301 adopted to be effective July 5, 2012, 37 TexReg 4873; amended to be effective September 5, 2019, 44 TexReg 4712; amended to be effective January 3, 2021, 46 TexReg 157

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