§ 35-14-108 — Special police powers

(1) When necessary to perform duties or
to implement this article 14 or the rules adopted pursuant to this article 14, the
commissioner or the commissioner's authorized agent may:

(a) Enter any commercial premises during normal business hours; except
that, in the event such premises are not open to the public, the commissioner shall
first present the commissioner's credentials and obtain consent before making
entry unless a search warrant has previously been obtained;

(b) Issue stop-use, hold, or removal orders with respect to any weights and
measures commercially used and stop-sale, hold, and removal orders with respect
to any packaged commodities or bulk commodities kept, offered, or exposed for
sale which do not meet the requirements of this article;

(c) Seize, for use as evidence and without formal warrant, any incorrect or
unapproved weight, measure, package, or commodity found to be used, retained,
offered, or exposed for sale or sold in violation of the provisions of this article or
any rule or regulation promulgated pursuant thereto;

(d) Stop any commercial vehicle and, after presentment of the
commissioner's credentials, require that the person in charge of the vehicle
produce any documents in the person's possession concerning the contents of the
vehicle; inspect the contents of the vehicle at the site; and, if necessary, require the
person to proceed with the vehicle to some specified place for inspection.

(2) The commissioner may administer oaths and take statements; issue
subpoenas requiring the attendance of witnesses before the commissioner and the
production of all books, memoranda, papers, and other documents, articles, or
instruments; and compel the disclosure by such witnesses of all facts known to
them relative to the matters under investigation. Upon the failure or refusal of a
witness to obey a subpoena, the commissioner may petition the district court, and,
upon a proper showing, the court may enter an order compelling the witness to
appear and testify or produce documentary evidence. Failure to obey such an order
of the court is punishable as a contempt of court.

(3) If the owner, or the owner's agent, of any commercial premises or vehicle
refuses to admit the commissioner to inspect such premises or vehicle, the
commissioner may obtain from the district or county court for the district or county
in which such premises or vehicle is located a warrant to enter and inspect such
premises or vehicle.

Legislative History

Source: L. 83: Entire article R&RE, p. 1344, � 1, effective July 1. L. 2009: (2) and (3) added, (SB 09-113), ch. 88, p. 328, � 10, effective April 2. L. 2025: IP(1), (1)(a), (1)(d), and (2) amended, (HB 25-1084), ch. 24, p. 108, � 57, effective August 6.