Washington Administrative Code › Title 208 - Financial Institutions, Department of (See also Titles 50, 419, and 460) › Chapter 208-680 - Escrow Agent Registration Act › EXAMINATIONS, INVESTIGATIONS, ENFORCEMENT, SANCTIONS, AND COSTS › Section 208-680-620 - What are the department's investigatory powers under the act?

Current through Register Vol. 24-14, July 15, 2024
(1) The department
						may conduct investigations at any time to determine whether any person has
						violated or is about to violate chapter 18.44 RCW, or any rule, regulation, or
						order under chapter 18.44 RCW, or to aid in the enforcement of chapter 18.44
						RCW. For that purpose, the department may conduct inquiries, interviews, and
						examinations of any person deemed relevant to the investigation.
(2) The department may investigate the escrow
						business or other business or personal financial records of any person subject
						to investigation under subsection (1) of this section. In conducting
						investigations, the department may:
(a)
						Access, during reasonable business hours, any location where any escrow
						business records are or may be located, including offices, places of business,
						personal residences, storage facilities, computers, safes, and vaults, for the
						purposes of obtaining, reviewing, or copying books, accounts, papers, files, or
						records, including electronic records, or records stored in any
						format;
(b) Administer oaths or
						affirmations;
(c) Subpoena
						witnesses and compel their attendance at a time and place determined by the
						director or designated person;
(d)
						Subpoena the production of any evidence or matter which is relevant to the
						investigation, including the taking of such evidence;
(e) Subpoena any person to determine 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 or relevant facts, or any other matter reasonably calculated
						to lead to the discovery of material evidence;
(f) Interview, publicly or privately, under
						administration of oath or otherwise, or take the sworn testimony of: Any
						principal party, escrow agent, employee, or independent contractor, of any
						person subject to the act, or any other person whose testimony is deemed
						relevant to the department's investigation;
(g) Require the filing of statements,
						affidavits, or declarations in writing by any person, under administration of
						oath, notary or otherwise, as to all facts and circumstances concerning the
						matters under investigation;
(h)
						Copy, or request to be copied, any items described in this section, or if the
						department makes a determination that there is a danger that original records
						may be destroyed, altered, or removed to deny the director access, or that
						original documents are necessary for the preparation of a criminal referral,
						the department may take originals of any items described in this section,
						regardless of the source of such items. Originals and copies taken by the
						department may be held, returned, or forwarded to other regulatory or law
						enforcement officials as deemed necessary;
(i) Analyze and review any items described in
						this section;
(j) Receive
						assistance, as necessary, from any employee or other person subject to
						RCW
						   18.44.021;
(k) Conduct meetings with owners, management,
						officers, or employees of any person subject to
						RCW
						   18.44.021;
(l) Conduct meetings and share information
						with other regulatory or law enforcement agencies;
(m) Prepare and deliver, as necessary, a
						report of investigation requiring a response from the recipient.