§ 11-53-201 — Investigations - subpoenas

Colorado § 11-53-201

• Jurisdiction: Colorado
• Title 11: Financial
• Art.: Colorado Commodity Code

Text

(1) The commissioner in his
discretion may make such public or private investigations within or outside of this
state as the commissioner deems necessary to determine whether any person has
violated any provision of this article or any rule or order under this article or to aid in
the enforcement of this article, or, in the prescribing of rules and forms under this
article, the commissioner may require or permit any person to file a statement as to
all the facts and circumstances concerning the matter to be investigated and may
publish information concerning any proceeding brought under this article or any
rule or order issued under this article.

(2) For purpose of any investigation or proceeding under this article, the
commissioner or any officer designated by the commissioner may administer oaths
and affirmations, subpoena witnesses, compel their attendance, take evidence, and
require the production of any books, papers, correspondence, memoranda,
agreements, or other documents or records which the commissioner finds to be
relevant or material to the inquiry.

(3) In case of contumacy by, or refusal to obey a subpoena issued to, any
person, the district court of the city and county of Denver, upon application by the
commissioner, may issue to such person an order requiring the person to appear
before the commissioner, or the officer designated by him, to produce documentary
evidence if so ordered or to give evidence touching 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.

(4) No person is excused from attending and testifying or from producing
any document or record before the commissioner, or in obedience to the subpoena
of the commissioner or any officer designated by the commissioner, or in any
proceeding instituted by the commissioner on the ground that the testimony or
evidence, documentary or otherwise, required of the person subpoenaed may tend
to incriminate said person or subject the person to a penalty or forfeiture; but no
document, evidence, or other information compelled under order of the district
court of the city and county of Denver, or any information directly or indirectly
derived from such document, evidence, or other information, may be used against
an individual so compelled in any criminal case; except that the individual testifying
is not exempt from prosecution and punishment for perjury in the first or second
degree or contempt committed in testifying.

Legislative History

Source: L. 89: Entire article R&RE, p. 637, � 1, effective July 1.