§ 1307 — Investigations, subpoenas and injunctions

(a) (1) The Director shall have the authority to investigate any violations of this chapter or any rules or regulations adopted by the Board. The Section shall be responsible for issuing a final written report at the conclusion of its investigation.

(2) The Board may issue subpoenas to compel the production of pertinent books, accounts, records and documents.

(b) The Director shall have the power to enter at all reasonable times upon any private or public property for the purposes of determining whether or not there is compliance with, or violations of this chapter, or rules and regulations adopted by the Board.

(c) Upon a finding of a violation pursuant to the investigation, the Board shall cause a copy of the complaint, together with a notice of the time and place fixed for a hearing, to be served upon the practitioner at least 30 days before the date fixed for the hearing. In cases where the practitioner cannot be located or where personal service cannot be effected, substitute service shall be effected in the same manner as with civil litigation.

(d) (1) The Board may administer oaths and require testimony and evidence be given under oath.

(2) No witness shall refuse to obey a subpoena issued by the Board. Upon refusal, the Board may petition Superior Court to schedule a hearing to compel the witness to comply with the subpoena.

(e) During the investigation or upon a finding of violation of the provisions of this chapter or rule or regulation, the Board may request the Attorney General to make application to the Court of Chancery for an order enjoining such acts or practices or for an order directing compliance, and upon a showing by the Board of such a violation, a permanent or temporary injunction, restraining order or other order may be granted.

Legislative History

69 Del. Laws, c. 285, § 3 ; 70 Del. Laws, c. 186, § 1 ; 81 Del. Laws, c. 99, § 6