| (a) Generally. A provider must maintain records required
by Texas Finance Code, §394.205 by using either a paper or manual
recordkeeping system, electronic recordkeeping system, or optically
imaged recordkeeping system unless otherwise specified by statute
or regulation. All required books and records must be reasonably available
for inspection at any time by OCCC staff.
(b) Availability of records. The OCCC may require that
the provider make records available in the State of Texas for examination
purposes.
(c) Debt management plan file. A licensee must maintain
a paper or electronic file for each individual debt management plan
under Texas Finance Code, Chapter 394, or be able to produce this
information within a reasonable amount of time. The file must be maintained
for at least three years after the date of the last service on the
plan, as provided by Texas Finance Code, §394.205(a). The file
must include the following documentation for each debt management
plan:
(1) the written debt management services agreement
described by Texas Finance Code, §394.209;
(2) any written educational information provided to
the consumer under Texas Finance Code, §394.208(a)(1);
(3) the individualized financial analysis and initial
debt management plan described by Texas Finance Code, §394.208(a)(2);
(4) an account history showing each payment made by
the consumer, each amount charged by the provider, and each amount
that the provider has disbursed to a creditor;
(5) any privacy notice provided under the Gramm-Leach-Bliley
Act, 15 U.S.C. §§6801-6809, and Regulation P, 16 C.F.R.
Part 1016;
(6) any document signed by the consumer in connection
with the plan;
(7) any other documentation created or obtained by
the provider in connection with the debt management plan.
(d) OCCC notice. A debt management services provider
must provide the following notice to each consumer: "For questions
or complaints about this transaction, contact the debt management
services provider, (insert name of provider), at (insert provider's
phone number and, at provider's option, one or more of the following:
mailing address, fax number, website, e-mail address). The Office
of Consumer Credit Commissioner (OCCC) is a state agency, and it enforces
certain laws that apply to the provider. If a complaint or question
cannot be resolved by contacting the provider, consumers can contact
the OCCC to file a complaint or ask a general credit-related question.
OCCC address: 2601 N. Lamar Blvd., Austin, Texas 78705. Phone: (800)
538-1579. Fax: (512) 936-7610. Website: occc.texas.gov. E-mail: consumer.complaints@occc.texas.gov."
A provider must provide this notice by one or both of the following
methods:
(1) including the notice on each privacy notice that
the provider is required to provide to a consumer under state or federal
law; or
(2) including the notice on each written agreement
that the provider is required to provide to a borrower under Texas
Finance Code, §394.209.
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