Sec. 15. (a) For the purpose of discovering violations of this chapter and securing information necessary for the enforcement of this chapter, the department may investigate:
(1) any licensee; or
(2) any person that it suspects to be operating without a license or in violation of this chapter.
The department has all investigatory and enforcement authority under IC 28-11 for financial institutions. If the department conducts an investigation under this section, the licensee or person investigated shall pay all reasonably incurred costs of the investigation in accordance with the fee schedule adopted under IC 28-11-3-5.
(b) If a person knowingly makes a pawn loan without the license required by section 3 of this chapter, the loan made in violation of this chapter is void and the debtor is not obligated to pay the principal amount of the loan, any finance charge on the loan, or any additional fee under section 28.5 of this chapter. The debtor, or the department on behalf of the debtor, may recover any amount paid to the person who knowingly violated section 3 of this chapter.
Formerly: Acts 1935, c.195, s.15. As amended by P.L.263-1985, SEC.191; P.L.14-1992, SEC.141; P.L.42-1993, SEC.77; P.L.172-1997, SEC.19; P.L.10-2006, SEC.45 and P.L.57-2006, SEC.45.
Structure Indiana Code
Title 28. Financial Institutions
Article 7. Specialized Financial Institutions
28-7-5-3. Necessity of License; Misleading Representations; Territorial Application
28-7-5-5.5. Surety Bond; Requirements; Amount; Termination; Liability; Notices
28-7-5-9. License Not Transferrable or Assignable; Branch Locations
28-7-5-10.4. Carrying on Other Business
28-7-5-10.6. Felony Convictions or Pleas; Notice to Department
28-7-5-11. License Renewal; Application; Fees
28-7-5-13.1. Failure to File Renewal Form or Pay Renewal Fee; Revocation or Suspension of License
28-7-5-15. Investigatory and Enforcement Authority; Costs of Investigation; Voided Loans
28-7-5-15.1. Applicability of Law Governing Administrative Orders and Procedures; Venue
28-7-5-19. Loan Record Requisites; Data Recording Methods
28-7-5-20. Signature and Thumbprint of Pledger; Electronic Record
28-7-5-21. Pawn Ticket; Duty of Reasonable Care in Safekeeping of Articles
28-7-5-21.5. Required Disclosure of Information
28-7-5-23. Redemption by Mail; Compliance With Local Ordinance or Law Concerning Pledge Retention
28-7-5-24. Partial Payment Before Maturity
28-7-5-25. Loss, Destruction, or Theft of Pawn Ticket
28-7-5-26. Alteration of Pawn Ticket; Effect
28-7-5-28.5. Additional Charge; Servicing Fee
28-7-5-29. Liability for Loss to Pledger; Due Care
28-7-5-29.5. Waiver of Rights Not Permitted
28-7-5-34. Delivery of Pledge; Necessity of Surrender of Pawn Ticket
28-7-5-35. Conflicting Claims; Sale of Pledge Subject to Adjudication
28-7-5-36. Unlawful Transactions
28-7-5-37.5. Compliance With Money Laundering Laws; Investigation and Enforcement by the Department
28-7-5-38. Violations; Civil Action; Injunctive Relief; Civil Penalties