                                 CODE OF VIRGINIA

INVESTIGATIONS; IMMUNITIES (§ 6.2-1530)

A. For the purpose of discovering violations of this chapter or securing
information lawfully required under it, the Commission may at any time
investigate the loans, books and records of any person who:

   1. Is engaged, or appears to the Commission to be engaged, in a business for
   which the person is required to be licensed and supervised under this chapter;

   2. Advertises for, solicits, or holds itself out as willing to make loans
   subject to the provisions of this chapter; or

   3. The Commission has reason to believe is violating any provision of this
   chapter, whether such person shall act or claim to act under or without the
   authority of this chapter, or as principal, agent, broker, or otherwise.

B. In furtherance of the investigation the Commission shall:

   1. Have and be given free access to the offices, places of business, books,
   papers, accounts, records, files, safes, and vaults of all such persons; and

   2. Have authority to require attendance of witnesses and to examine under oath
   any person whose testimony may be required relative to any such loans or
   business or to the subject matter of the investigation, examination or
   hearing.

C. Before making an investigation as provided for in this section as to any
person who is neither licensed nor an applicant for a license under this
chapter, an order shall be entered by the Commission. The order shall
specifically direct the investigation to be made, command submission by the
person whose business is to be investigated, and set forth all other details the
Commission finds necessary. The Commission shall not enter such an order except
upon (i) at least one affidavit, which may be given by an employee of the
Commission or by any other person, (ii) documentary data, (iii) admissions of
the person to be investigated, or (iv) any combination of the foregoing,
satisfactorily establishing, prima facie, facts sufficient to warrant the
investigation provided for by subsection A. If the person involved consents to
the investigation, the foregoing requirements may be dispensed with and the
investigation may be made upon direction of the Commission or the Commissioner.

D. No criminal prosecution or action for the imposition of any penalty or
forfeiture provided for by this chapter may be maintained against a person not a
licensee or an applicant for a license under this chapter who is investigated
following entry of an order as provided in subsection C. This subsection shall
not:

   1. Prevent prosecution for the violation of any other criminal law or of any
   other law providing for penalty or forfeiture; and

   2. Provide immunity from prosecution for any officer, agent, or employee of
   the person whose business is investigated.

E. If the Commission compels a person not a licensee or an applicant for a
license under this chapter to give verbal testimony, the person so compelled to
testify shall not be subject to criminal prosecution or the imposition of any
penalty or forfeiture in connection with the subject matter as to which such
testimony is compelled.

F. The immunities provided pursuant to subsections D and E shall not impair (i)
any civil right of action, not involving penalty or forfeiture, of any person
and (ii) the authority of the Attorney General to institute and prosecute a
proceeding for injunctive relief as provided for in &#xA7; 6.2-1537. Any facts
discovered and disclosures made in the course of any investigation following
entry of an order as provided in subsection C or verbal testimony compelled as
provided in subsection E shall be available in any proceeding involving any
civil right of action or for obtaining an injunction under this chapter against
the person so investigated or so compelled to testify.

HISTORY: Code 1950, §§ 6-323, 6-324, 6-325, 6-326; 1956, c. 71; 1966, c. 584,
§§ 6.1-294, 6.1-295, 6.1-296, 6.1-297; 1968, c. 489; 1974, c. 371; 2010, c.
794.