537.6106 Investigatory powers.
1. For purposes of this section, “administrator” means either the attorney general or the attorney general’s designee, or the official or agency charged with enforcing this chapter against the person under investigation, as provided in section 537.6105, subsection 1. If the administrator has reasonable cause to believe that a person has engaged in conduct or committed an act which is in violation of this chapter, the administrator may make an investigation to determine whether the person has engaged in the conduct or committed the act, and, to the extent necessary for this purpose, may administer oaths or affirmations, and, upon the administrator’s own motion or upon request of any party, may subpoena witnesses, compel their attendance, adduce evidence, and require the production of, or testimony as to, any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts, or any other matter reasonably calculated to lead to the discovery of admissible evidence. In any civil action brought by the administrator as a result of such an investigation, the administrator shall be awarded the reasonable costs of making the investigation if the administrator prevails in the action.
2. If the person’s records are located outside this state, the person at the person’s option shall either make them available to the administrator at a convenient location within this state or pay the reasonable and necessary expenses for the administrator or the administrator’s representative to examine them at the place where they are maintained. The administrator may designate representatives, including comparable officials of the state in which the records are located, to inspect them on the administrator’s behalf.
3. Upon application by the administrator showing failure without lawful excuse to obey a subpoena or to give testimony and upon reasonable notice to all persons affected thereby, the district court shall grant an order compelling compliance.
4. The administrator shall not make public the name or identity of a person whose acts or conduct the administrator investigates pursuant to this section or the facts disclosed in the investigation, but this subsection does not prohibit disclosures in actions or enforcement proceedings pursuant to this chapter.
[C75, 77, 79, 81, §537.6106]
Referred to in §537.6103, 537.6105
Structure Iowa Code
Chapter 537 - CONSUMER CREDIT CODE
Section 537.1101 - Short title.
Section 537.1102 - Purposes — rules of construction.
Section 537.1103 - Law applicable.
Section 537.1104 - Construction.
Section 537.1107 - Waiver — agreement — settlement.
Section 537.1108 - Effect on organizations.
Section 537.1110 - Obligation of good faith.
Section 537.1201 - Territorial application.
Section 537.1202 - Exclusions.
Section 537.1203 - Jurisdiction — service of process.
Section 537.1301 - General definitions.
Section 537.1302 - Definition — Truth in Lending Act.
Section 537.1303 - Other defined terms.
Section 537.2101 - Short title.
Section 537.2201 - Finance charge for consumer credit sales not pursuant to open-end credit.
Section 537.2202 - Finance charge for consumer credit sales pursuant to open-end credit.
Section 537.2301 - Authority to make supervised loans.
Section 537.2303 - Revocation or suspension of license.
Section 537.2304 - Records — annual reports.
Section 537.2305 - Examinations and investigations.
Section 537.2307 - Restrictions on interest in land as security.
Section 537.2308 - Regular schedule of payments — maximum loan term.
Section 537.2309 - No other business for purpose of evasion.
Section 537.2310 - Conduct of business other than making loans.
Section 537.2401 - Finance charge for consumer loans not pursuant to open-end credit.
Section 537.2402 - Finance charge for consumer loans pursuant to open-end credit.
Section 537.2403 - Finance charge for consumer loans secured by a motor vehicle.
Section 537.2501 - Additional charges.
Section 537.2502 - Delinquency charges.
Section 537.2503 - Deferral charges.
Section 537.2504 - Finance charge on refinancing.
Section 537.2505 - Finance charge on consolidation.
Section 537.2506 - Advances to perform covenants of consumer.
Section 537.2507 - Attorney fees.
Section 537.2508 - Conversion to open-end credit.
Section 537.2509 - Right to prepay.
Section 537.2510 - Rebate upon prepayment.
Section 537.2601 - Charges for other credit transactions.
Section 537.3101 - Short title.
Section 537.3201 - Compliance with Truth in Lending Act.
Section 537.3202 - Consumer leases.
Section 537.3203 - Notice to consumer.
Section 537.3204 - Notice of assignment.
Section 537.3205 - Change in terms of open-end credit accounts.
Section 537.3206 - Receipt — statements of account — evidence of payment — credits.
Section 537.3207 - Form of insurance premium loan agreement.
Section 537.3208 - Notice to cosigners and similar parties.
Section 537.3209 - Advertising.
Section 537.3210 - Prohibited statements relating to rates.
Section 537.3211 - Notice of consumer paper.
Section 537.3212 - Notice of methods of financing and rates.
Section 537.3301 - Security in consumer credit transactions.
Section 537.3302 - Cross-collateral.
Section 537.3303 - Debt secured by cross-collateral.
Section 537.3304 - Use of multiple agreements.
Section 537.3305 - No assignment of earnings.
Section 537.3306 - Authorization to confess judgment prohibited.
Section 537.3307 - Certain negotiable instruments prohibited.
Section 537.3308 - Balloon payments.
Section 537.3309 - Referral sales and leases.
Section 537.3310 - Limitations on executory transactions.
Section 537.3311 - Discrimination prohibited.
Section 537.3401 - Restriction on liability in consumer lease.
Section 537.3402 - Limitation on default charges.
Section 537.3403 - Card issuer subject to claims and defenses.
Section 537.3404 - Assignee subject to claims and defenses.
Section 537.3405 - Lender subject to defenses arising from sales and leases.
Section 537.3501 - Door-to-door sales.
Section 537.3601 - Short title.
Section 537.3602 - Purposes — rules of construction.
Section 537.3603 - Exclusions.
Section 537.3604 - General definitions.
Section 537.3605 - Disclosures.
Section 537.3606 - Form requirements.
Section 537.3608 - Acquiring ownership.
Section 537.3609 - Renegotiation.
Section 537.3610 - Balloon payments prohibited.
Section 537.3611 - Prohibited charges.
Section 537.3612 - Additional charges.
Section 537.3613 - Reinstatement fees.
Section 537.3614 - Taxes and official fees.
Section 537.3615 - Advertising.
Section 537.3616 - Lessee’s reinstatement rights.
Section 537.3617 - Unconscionability.
Section 537.3619 - Cure of default.
Section 537.3620 - Willful and intentional violations.
Section 537.3622 - Effect of correction.
Section 537.3623 - Statute of limitations.
Section 537.3624 - Enforcement.
Section 537.4101 - Scope — excess charges.
Section 537.5101 - Short title.
Section 537.5103 - Creditor’s obligations on repossession — restriction on deficiency judgments.
Section 537.5104 - No garnishment before judgment.
Section 537.5105 - Limitation on garnishment.
Section 537.5106 - Garnishment.
Section 537.5107 - Extortionate or unlawful extensions of credit.
Section 537.5110 - Cure of default.
Section 537.5111 - Notice of right to cure.
Section 537.5114 - Complaint — proof.
Section 537.5201 - Effect of violations on rights of parties.
Section 537.5202 - Damages or penalties as setoff to obligation.
Section 537.5203 - Civil liability for violation of disclosure provisions.
Section 537.5301 - Willful violations.
Section 537.5302 - Disclosure violations.
Section 537.6101 - Short title.
Section 537.6102 - Applicability.
Section 537.6103 - Administrator.
Section 537.6104 - Powers of administrator — reliance on rules — duty to report.
Section 537.6106 - Investigatory powers.
Section 537.6108 - Administrative enforcement orders.
Section 537.6109 - Assurance of discontinuance.
Section 537.6110 - Injunctions and other proceedings in equity.
Section 537.6112 - Temporary relief.
Section 537.6113 - Civil actions by administrator.
Section 537.6115 - Consumer’s remedies not affected.
Section 537.6117 - Administrative rules.
Section 537.6201 - Applicability.
Section 537.6202 - Notification.
Section 537.7101 - Short title.
Section 537.7102 - Definitions.