Sec. 36a-17. Investigations and examinations. Electronic data processing servicers. Subpoenas. Production of records.
Sec. 36a-17. Investigations and examinations. Electronic data processing servicers. Subpoenas. Production of records. (a) The commissioner, in the commissioner's discretion, may make such public or private investigations or examinations within
or outside this state, concerning any person subject to the jurisdiction of the commissioner, as the commissioner deems necessary to carry out the duties of the commissioner.
(b) Any Connecticut bank, Connecticut credit union or Connecticut credit union
service organization which causes or has caused any electronic data processing services
to be performed for such bank, credit union or credit union service organization either
on or off its premises by an electronic data processing servicer shall enter into a written
contract with such servicer. Such contract shall specify the duties and responsibilities
of the bank, credit union or credit union service organization and such servicer and
provide that such servicer shall allow the commissioner to examine such servicer's
books, records and computer systems in accordance with this subsection, if required by
the commissioner. The Connecticut bank, Connecticut credit union or Connecticut credit
union service organization shall promptly send a copy of such contract to the commissioner. The commissioner may examine the books, records and computer systems of
any electronic data processing servicer that performs electronic data processing services
for a Connecticut bank, Connecticut credit union or Connecticut credit union service
organization, if such services substantially impact the operations of the Connecticut
bank, Connecticut credit union or Connecticut credit union service organization as determined by the commissioner, in order to (1) determine whether such servicer has the
capacity to protect the customer information of such bank, credit union or credit union
service organization, and (2) assess such servicer's potential for continued service. The
commissioner may assess a fee of one hundred fifty dollars per day plus costs for each
examiner who conducts such examination, the total cost of which the commissioner
may allocate on a pro rata basis to all Connecticut banks, Connecticut credit unions and
Connecticut credit union service organizations under contract with such servicer.
(c) For the purpose of any investigation, examination or proceeding under this title
the commissioner may administer oaths and affirmations, subpoena witnesses, compel
attendance of witnesses, take evidence, require written statements and require the production of any records which the commissioner deems relevant or material. The commissioner may require that certified copies of any such records be provided to the commissioner at the commissioner's office.
(d) Any person who is the subject of any such investigation, examination or proceeding shall make its records available to the commissioner in readable form; provide personnel and equipment necessary, including, but not limited to, assistance in the analysis
of computer-generated records; provide copies or computer printouts of records when
so requested; furnish unrestricted access to all areas of its principal place of business
or wherever records may be located; and otherwise cooperate with the commissioner.
(e) The superior court for the judicial district of Hartford, upon application of the
commissioner, may issue to any person refusing to obey a subpoena issued pursuant
to subsection (c) of this section an order requiring that person to appear before the
commissioner or any officer designated by the commissioner to produce records so
ordered or to give evidence concerning the matter under investigation or in question.
Failure to obey the order of the court may be punished by the court as a contempt of
court.
(f) As used in this section, "records" includes, but is not limited to, books, papers,
correspondence, memoranda, agreements, diaries, logs, notes, ledgers, journals, visual,
audio, magnetic or electronic recordings, computer printouts and software, and any other
documents.
(P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 94-122, S. 10, 340; P.A. 95-220, S. 4-6; P.A.
98-65; P.A. 02-73, S. 3.)
History: P.A. 94-122 effective January 1, 1995. (Revisor's note: P.A. 88-230, P.A. 90-98 and P.A. 93-142 authorized
substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain" in public and special acts of
the 1994 regular and special sessions, effective September 1, 1996); P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 98-65 added new Subsec. (b) re electronic
data processing servicers and redesignated former Subsecs. (b) to (f) as Subsecs. (c) to (g); P.A. 02-73 amended Subsec. (b)
by adding references to Connecticut credit union and Connecticut credit union service organization and making conforming
changes, deleted former Subsec. (f) re cost of examination and redesignated Subsec. (g) as Subsec. (f).