| (a) Examination authority. The OCCC may periodically
examine each place of business of a licensee and inspect the licensee's
transactions and records, including books, accounts, papers, and correspondence,
to the extent the transactions and records pertain to business regulated
under Texas Finance Code, Chapter 393.
(b) Access to records. A licensee must allow the OCCC
to examine the licensee's place of business and make a copy of an
item that may be inspected under subsection (a) of this section.
(c) Third-party lender agreements. The OCCC's examination
authority includes the authority to review all agreements between
a licensee and any third-party lender with which the licensee contracts
to provide services under Texas Finance Code, Chapter 393.
(d) Witness declarations. In connection with an examination,
the OCCC may obtain witness declarations that pertain to business
regulated under Texas Finance Code, Chapter 393. A witness declaration
must substantially comply with Texas Civil Practice and Remedies Code,
Chapter 132.
(e) Records declarations. In connection with an examination,
the OCCC may obtain declarations regarding records maintained by the
licensee that pertain to business regulated under Texas Finance Code,
Chapter 393. A records declaration must substantially comply with
Texas Civil Practice and Remedies Code, Chapter 132, and must include
acknowledgments of the following:
(1) a statement that the witness is the custodian of
records at the licensee;
(2) a statement that the witness is familiar with the
manner in which records are created and maintained by virtue of duties
and responsibilities;
(3) the number of pages of attached records;
(4) a statement that the records are original records
or exact duplicates of the original records;
(5) a statement that the records were made at or near
the time of each act, event, condition, opinion, or diagnosis set
forth;
(6) a statement the records were made by, or from information
transmitted by, persons with knowledge of the matters set forth;
(7) a statement that the records were kept in the course
of regularly conducted business activity; and
(8) a statement that it is the regular practice of
the business activity to make the records.
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