646 - Investigations, hearings and reports.

§ 646.  Investigations,  hearings  and  reports. 1. The superintendent  shall have the power  to  make  such  investigations  and  conduct  such  hearings as he shall deem necessary to determine whether any licensee or  any  other person has violated any of the provisions of this article, or  whether any licensee has conducted  himself  in  such  manner  as  would  justify the suspension or revocation of his license.    2.  In  making any investigation or conducting any hearing pursuant to  the provisions of this article, the superintendent, or any  person  duly  designated  by  him,  shall  have  the  power  at  all times to subpoena  witnesses; to take depositions of witnesses residing without the  state,  in  the manner provided for in civil actions in courts of record; to pay  such witnesses the fees and mileage for their  attendance  provided  for  witnesses in civil actions in courts of record; and to administer oaths.  He  shall  also  have  the  power  to  compel  by  order or subpoena the  production of and to examine all relevant books, records,  accounts  and  other  documents.  Any  person  who  fails  to  obey  the command of the  subpoena without reasonable excuse, or refuses without reasonable  cause  to  be  served or to be examined or to answer a question or to produce a  book or paper when ordered so  to  do,  or  fails  to  perform  any  act  required  hereunder to be performed, shall be subject to the compulsions  in such cases made and provided by law, and if the  person  be  licensed  hereunder,  the superintendent shall have the right to suspend or revoke  the license.    3. The superintendent may require of any licensee such reports,  under  oath  or otherwise, concerning the licensee's business in this state, as  he may deem necessary for the enforcement of this article.    4. All reports of investigations and other reports  rendered  pursuant  to  this  section,  and  all  correspondence and memoranda concerning or  arising out of  such  investigations  or  reports,  including  any  duly  authenticated  copy  or copies thereof in the possession of any licensee  or the banking department, shall be confidential  communications,  shall  not  be  subject to subpoena and shall not be made public unless, in the  judgment of the superintendent, the  ends  of  justice  and  the  public  advantage  will  be subserved by the publication thereof, in which event  the superintendent may publish or authorize the publication of a copy of  any such report or other material referred to in  this  subdivision,  or  any  part  thereof, in such manner as may be deemed proper. For purposes  of this subdivision,  "reports  of  investigations,  and  other  reports  rendered  pursuant  to this section and all correspondence and memoranda  concerning or arising out of such investigations or reports" shall  have  the  same  meaning as such terms are defined pursuant to subdivision ten  of section thirty-six of this chapter.