§ 35-42-111 — Investigations - access - administrative subpoena

(1) The
commissioner, upon the commissioner's own motion or upon the complaint of any
person, shall make any investigations necessary to ensure compliance with this
article 42.

(2) (a) At any reasonable time during regular business hours, the
commissioner shall have free and unimpeded access, upon consent or upon
obtaining an administrative search warrant, to all buildings, yards, pens, pastures,
and other areas in which any animals are kept, handled, or transported for the
purpose of carrying out any provision of this article or any rule made pursuant to
this article.

(b) The commissioner shall have full authority to administer oaths and take
statements, to issue administrative subpoenas requiring the attendance of
witnesses and the production of all books, memoranda, papers, and other
documents, articles, or instruments and to compel the disclosure by such witnesses
of all facts known to them relative to the matters under investigation. Upon the
failure or refusal of any witness to obey any 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 shall be punishable as a contempt of
court.

(3) Complaints of record made to the commissioner and the results of the
commissioner's investigations may, at the discretion of the commissioner, be closed
to public inspection, except as provided by court order, during the investigatory
period.

Legislative History

Source: L. 90: Entire article R&RE, p. 1609, � 1, effective July 1. L. 2025: (1) and (3) amended, (HB 25-1084), ch. 24, p. 125, � 108, effective August 6.