§ 11-59-113 — Investigations - subpoenas

Colorado § 11-59-113

• Jurisdiction: Colorado
• Title 11: Financial
• Art.: Colorado Municipal Bond

Text

(1) The securities commissioner may
make such public and private investigations within or outside of this state as the
securities commissioner deems necessary to determine whether any person has
violated or is about to violate 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, 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 violation of this article or any rule or order
under this article.

(2) For the purpose of any investigation or proceeding under this article, the
securities commissioner or any officer designated by the securities commissioner
may administer oaths and affirmations, subpoena witnesses, seek compulsion of
their attendance, take evidence, and require the production of any books, papers,
correspondence, memoranda, agreements, or other documents or records which the
securities commissioner deems 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
securities commissioner, may issue to the person an order requiring that person to
appear before the securities commissioner, or the officer designated by the
securities commissioner, 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 securities commissioner, or in obedience to the
subpoena of the securities commissioner or any officer designated by the
commissioner, or in any proceeding instituted by the securities commissioner on the
ground that the testimony or evidence, documentary or otherwise, required of that
person may tend to incriminate the person or subject that person to a penalty or
forfeiture; but no document, evidence, or other information compelled from an
individual, after that individual claims the privilege against self-incrimination, 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.

(5) Information in the possession of, filed with, or obtained by the securities
commissioner in connection with a private investigation under this section shall be
confidential. No such information may be disclosed by the securities commissioner
or any officers or employees of the division except among themselves or when
necessary or appropriate in connection with an investigation or a proceeding under
this article or for any law enforcement purpose.

(6) It is unlawful for the securities commissioner or any officers or
employees of the division to use for personal benefit any information which is filed
with or obtained by the securities commissioner and which is not made public.

Legislative History

Source: L. 91: Entire article added, p. 2418, � 1, effective January 1, 1992.