Rhode Island General Laws
Chapter 19-14.8 - Uniform Debt-Management Services Act
Section 19-14.8-32. - Powers of director or director’s designee.

§ 19-14.8-32. Powers of director or director’s designee.
(a) The director may act on its own initiative or in response to complaints; and may receive complaints; take action to obtain voluntary compliance with this chapter; refer cases to the attorney general; and seek or provide remedies as provided in this chapter.
(b) The director may investigate and examine, in this state or elsewhere, by subpoena or otherwise, the activities, books, accounts, and records of a person who or that provides or offers to provide debt-management services, or a person to whom or to which a provider has delegated its obligations under an agreement or this chapter, to determine compliance with this chapter. Information that identifies individuals who have agreements with the provider shall not be disclosed to the public. In connection with the investigation, the director may:
(1) Charge the person the reasonable expenses necessarily incurred to conduct the examination;
(2) Require or permit a person to file a statement under oath as to all the facts and circumstances of a matter to be investigated; and
(3) Seek a court order authorizing seizure from a bank at which the person maintains a trust account required by § 19-14.8-22, any or all money, books, records, accounts, and other property of the provider that is in the control of the bank and relates to individuals who reside in this state.
(c) The director may adopt rules to implement the provisions of this chapter in accordance with chapter 35 of title 42.
(d) The director may enter into cooperative arrangements with any other federal or state agency having authority over providers and may exchange with any of those agencies information about a provider, including information obtained during an examination of the provider.
(e) [Reserved].
(f) The director, by rule, shall adopt dollar amounts instead of those specified in §§ 19-14.8-2, 19-14.8-5, 19-14.8-9, 19-14.8-13, 19-14.8-23, 19-14.8-33, and 19-14.8-35 to reflect inflation, as measured by the United States Bureau of Labor Statistics Consumer Price Index for All Urban Consumers or, if that index is not available, another index adopted by rule by the director. The director shall adopt a base year and adjust the dollar amounts, effective on July 1 of each year, if the change in the index from the base year, as of December 31 of the preceding year, is at least ten percent (10%). The dollar amount must be rounded to the nearest one hundred dollars ($100), except that the amounts in § 19-14.8-23 must be rounded to the nearest dollar.
(g) The director shall notify registered providers of any change in dollar amounts made pursuant to subsection (f) and make that information available to the public.
History of Section.P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 19 - Financial Institutions

Chapter 19-14.8 - Uniform Debt-Management Services Act

Section 19-14.8-1. - Short title.

Section 19-14.8-2. - Definitions.

Section 19-14.8-3. - Exempt agreements and person.

Section 19-14.8-4. - Registration required.

Section 19-14.8-5. - Application for registration — Form, fee and accompanying documents.

Section 19-14.8-6. - Application for registration — Required information.

Section 19-14.8-7. - Application for registration — Obligation to update.

Section 19-14.8-8. - Application for registration — Public information.

Section 19-14.8-9. - Certificate of registration — Issuance or denial.

Section 19-14.8-10. - Certificate of registration — Timing.

Section 19-14.8-11. - Renewal of registration.

Section 19-14.8-12. - [Repealed.]

Section 19-14.8-13. - Bond required.

Section 19-14.8-14. - Bond required — Substitute.

Section 19-14.8-15. - Requirement of good faith.

Section 19-14.8-16. - Customer service.

Section 19-14.8-17. - Prerequisites for providing debt-management services.

Section 19-14.8-18. - Communication by electronic or other means.

Section 19-14.8-19. - Form and content of agreement.

Section 19-14.8-20. - Cancellation of agreement — Waiver.

Section 19-14.8-21. - Required language.

Section 19-14.8-22. - Trust account.

Section 19-14.8-23. - Fees and other charges.

Section 19-14.8-24. - Voluntary contributions.

Section 19-14.8-25. - Voidable agreements.

Section 19-14.8-26. - Termination of agreements.

Section 19-14.8-27. - Periodic reports and retention of records.

Section 19-14.8-28. - Prohibited acts and practices.

Section 19-14.8-29. - Notice of litigation.

Section 19-14.8-30. - Advertising.

Section 19-14.8-31. - Liability for the conduct of other persons.

Section 19-14.8-32. - Powers of director or director’s designee.

Section 19-14.8-33. - Administrative remedies.

Section 19-14.8-34. - Suspension, revocation or nonrenewal of registration.

Section 19-14.8-35. - Private enforcement.

Section 19-14.8-36. - Violation of unfair or deceptive practices statute.

Section 19-14.8-37. - Statute of limitations.

Section 19-14.8-38. - Uniformity of application and construction.

Section 19-14.8-39. - Relation to Electronic Signatures in Global and National Commerce Act.

Section 19-14.8-40. - Transitional provisions — Application to existing transactions.

Section 19-14.8-41. - Severability.

Section 19-14.8-42. - [Reserved.]

Section 19-14.8-43. - Official comments.