This text of Iowa § 523C.23 (Investigations and subpoenas) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1. a. In enforcing this chapter, the commissioner may conduct a public or private
investigation in order to do any of the following:
11 RESIDENTIAL AND MOTOR VEHICLE SERVICE CONTRACTS, §523C.24
(1)Determine whether a person has violated or is about to violate a provision of this
chapter or a rule or order under this chapter.
(2)Aid in the enforcement of this chapter or in the prescribing of rules and forms under
this chapter.
b. In carrying out this subsection, the commissioner may do all of the following:
(1)Conduct the investigation within or outside of this state.
(2)Require or allow a person to file a statement in writing regarding the facts or
circumstances concerning a matter to be investigated. The commissioner may require that
the statement be made under oath.
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1. a. In enforcing this chapter, the commissioner may conduct a public or private
investigation in order to do any of the following:
11 RESIDENTIAL AND MOTOR VEHICLE SERVICE CONTRACTS, §523C.24
(1) Determine whether a person has violated or is about to violate a provision of this
chapter or a rule or order under this chapter.
(2) Aid in the enforcement of this chapter or in the prescribing of rules and forms under
this chapter.
b. In carrying out this subsection, the commissioner may do all of the following:
(1) Conduct the investigation within or outside of this state.
(2) Require or allow a person to file a statement in writing regarding the facts or
circumstances concerning a matter to be investigated. The commissioner may require that
the statement be made under oath.
(3) Apply to the district court for the issuance of an order requiring a person’s appearance
beforethecommissionerortheattorneygeneral. Thepersonmayalsoberequiredtoproduce
documentary evidence germane to the subject of the investigation. The failure to obey an
order under this subsection constitutes contempt of court.
c. Information obtained in the course of an investigation is confidential as provided in
section 22.7. However, upon a determination that disclosure of the information is necessary
or appropriate in the public interest or for the protection of consumers, the commissioner
may do any of the following:
(1) Share information obtained during the course of the investigation with another
regulatory authority or government agency.
(2) Publish information obtained during the course of the investigation which concerns a
violation of this chapter or a rule or order under this chapter.
2. Except as provided in section 523C.19, a proceeding instituted under this chapter shall
be conducted pursuant to chapter 17A and rules adopted by the commissioner pursuant to
chapter 17A.
3. In an investigation or proceeding conducted under this chapter, the commissioner
or any designee of the commissioner may administer oaths and affirmations, subpoena
witnesses, compel their attendance, take evidence, and require the production of any records
which the commissioner deems relevant or material to the inquiry.
4. A person is not excused from attending and testifying or from producing a document
or record before the commissioner or in obedience to a subpoena of the commissioner or an
officer designated by the commissioner, or in a proceeding instituted by the commissioner, on
thegroundsthatthetestimonyorevidence, documentaryorotherwise, requiredoftheperson
may tend to incriminate or subject the person to a penalty or forfeiture. However, a person
shallnotbeprosecutedorsubjectedtoanypenaltyorforfeitureduetoatransactionormatter
about which the person is compelled, after claiming privilege against self-incrimination, to
testifyorproduceevidence, documentaryorotherwise. Thepersontestifying, however, isnot
exemptfromprosecutionandpunishmentforperjuryorcontemptcommittedwhiletestifying.