(a) Examination authority. The OCCC may periodically examine each place of business of a licensee and inspect the licensee's transactions and records, including books, accounts, papers, and correspondence, to the extent the transactions and records pertain to business regulated under Texas Finance Code, Chapter 393.
(b) Access to records. A licensee must allow the OCCC to examine the licensee's place of business and make a copy of an item that may be inspected under subsection (a) of this section.
(c) Third-party lender agreements. The OCCC's examination authority includes the authority to review all agreements between a licensee and any third-party lender with which the licensee contracts to provide services under Texas Finance Code, Chapter 393.
(d) Witness declarations. In connection with an examination, the OCCC may obtain witness declarations that pertain to business regulated under Texas Finance Code, Chapter 393. A witness declaration must substantially comply with Texas Civil Practice and Remedies Code, Chapter 132.
(e) Records declarations. In connection with an examination, the OCCC may obtain declarations regarding records maintained by the licensee that pertain to business regulated under Texas Finance Code, Chapter 393. A records declaration must substantially comply with Texas Civil Practice and Remedies Code, Chapter 132, and must include acknowledgments of the following:
  (1) a statement that the witness is the custodian of records at the licensee;
  (2) a statement that the witness is familiar with the manner in which records are created and maintained by virtue of duties and responsibilities;
  (3) the number of pages of attached records;
  (4) a statement that the records are original records or exact duplicates of the original records;
  (5) a statement that the records were made at or near the time of each act, event, condition, opinion, or diagnosis set forth;
  (6) a statement the records were made by, or from information transmitted by, persons with knowledge of the matters set forth;
  (7) a statement that the records were kept in the course of regularly conducted business activity; and
  (8) a statement that it is the regular practice of the business activity to make the records.

Source Note: The provisions of this §83.5003 adopted to be effective January 7, 2016, 41 TexReg 112; amended to be effective November 5, 2020, 45 TexReg 7704