§ 5-6-106 — Investigatory powers

(1) If the administrator has reasonable cause
to believe that a person has engaged in an act that is subject to action by the
administrator, the administrator may make an investigation to determine if the act
has been committed, and, to the extent necessary for this purpose, may administer
oaths or affirmations, and, upon his or her own motion or upon request of any party,
may subpoena witnesses, compel their attendance, adduce evidence, and require
the production of any matter that is relevant to the investigation, including 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 of relevant facts, or any other matter reasonably calculated to lead to
the discovery of admissible evidence. In any civil action brought by the
administrator as a result of such an investigation, the administrator may recover the
reasonable costs of making the investigation if the administrator prevails in the
action.

(2) If the person's records are located outside this state, the person at his or
her option shall either make them available to the administrator at a convenient
location within this state or pay the reasonable and necessary expenses for the
administrator or the administrator's representative to examine them at the place
where they are maintained. The administrator may designate representatives,
including comparable officials of the state in which the records are located, to
inspect them on the administrator's behalf.

(3) Upon failure without lawful excuse to obey a subpoena or to give
testimony, the administrator may apply to the district court for an order compelling
compliance.

(4) The administrator shall not make public the name or identity of a person
whose acts or conduct he or she investigates pursuant to this section or the facts
disclosed in the investigation, but this subsection (4) does not apply to disclosures
in actions or enforcement proceedings pursuant to this code.

Legislative History

Source: L. 2000: Entire article R&RE, p. 1247, � 1, effective July 1.