(a)The secretary may:
(1)conduct public or private investigations within or outside
Indiana that the secretary considers necessary or appropriate to
determine whether a person has violated, is violating, or is about
to violate this article or a rule adopted or order issued under this
article, or aid in the enforcement of this article or in the adoption
of rules and forms under this article;
(2)require or permit a person to testify, file a statement, or
produce a record, under oath or otherwise as the secretary
determines, as to all the facts and circumstances concerning a
matter to be investigated or about which an action or proceeding
is to be instituted; and
(3)publish a record concerning an action, proceeding, or
investigation under, or a violation of, this article or a rule adopted
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(a) The secretary may:
(1) conduct public or private investigations within or outside
Indiana that the secretary considers necessary or appropriate to
determine whether a person has violated, is violating, or is about
to violate this article or a rule adopted or order issued under this
article, or aid in the enforcement of this article or in the adoption
of rules and forms under this article;
(2) require or permit a person to testify, file a statement, or
produce a record, under oath or otherwise as the secretary
determines, as to all the facts and circumstances concerning a
matter to be investigated or about which an action or proceeding
is to be instituted; and
(3) publish a record concerning an action, proceeding, or
investigation under, or a violation of, this article or a rule adopted
or order issued under this article if the secretary determines it is
necessary or appropriate and in the public interest and for the
protection of dealers or consumers.
(b) For purposes of an investigation under this article, the secretary
or a designated employee of the secretary may administer oaths and
affirmations, subpoena witnesses, seek compulsion of attendance, take
attendance, take evidence, require the filing of statements, and require
the production of any records that the secretary considers relevant or
material to the investigation. Upon order of the secretary, depositions
may be taken in the manner prescribed by law for depositions in civil
actions and made returnable to the secretary or an officer appointed by
the secretary.
(c) If a person does not appear or refuses to testify, file a statement,
or produce records, or otherwise does not obey a subpoena as required
by this article, the secretary may apply to the circuit or superior court
in the county where the investigation or inquiry in question is being
conducted to enforce compliance. The court may:
(1) hold the person in contempt;
(2) order the person to appear before the secretary;
(3) order the person to testify about the matter under investigation
or in question;
(4) order the production of records;
(5) grant injunctive relief, including restricting or prohibiting the
offer or sale of vehicles;
(6) impose a civil penalty of not more than twenty thousand
dollars ($20,000) for each violation; and
(7) grant any other necessary or appropriate relief.
(d) This section does not preclude a person from applying to the
circuit or superior court in the county where the investigation or inquiry
in question is being conducted for relief from a request to appear,
testify, file a statement, produce records, or obey a subpoena.
(e) If a witness, in any inquiry or investigation conducted under this
article, refuses to answer any question or produce any item, the
secretary may file a written petition with the circuit or superior court
in the county where the investigation or inquiry in question is being
conducted requesting a hearing on the refusal. The court shall hold a
hearing to determine if the witness may refuse to answer the question
or produce the item. If the court determines that the witness, based
upon the witness's privilege against self-incrimination, may properly
refuse to answer or produce an item, the secretary may make a written
request that the court grant use immunity to the witness. Upon written
request of the secretary, the court shall grant use immunity to a witness.
The court shall instruct the witness, by written order or in open court,
that:
(1) any evidence the witness gives, or evidence derived from that
evidence, may not be used in any criminal proceedings against
that witness, unless the evidence is volunteered by the witness or
is not responsive to a question; and
(2) the witness must answer the questions asked and produce the
items requested.
A grant of use immunity does not prohibit the use of evidence that the
witness gives in an investigation or inquiry from being used in a
prosecution for perjury under IC 35-44.1-2-1. If a witness refuses to
give the evidence after the witness has been granted use immunity, the
court may find the witness in contempt.
(f) In any prosecution, action, suit, or proceeding based upon or
arising out of or under this article, a certificate signed by the secretary
showing compliance or noncompliance with this article by a dealer
constitutes prima facie evidence of compliance or noncompliance with
this article and is admissible in evidence in any action at law or in
equity to enforce this article.
(g) Each witness who appears before the secretary by order is
entitled to receive for the witness's attendance the fees and mileage
provided for witnesses in civil cases, which must be audited and paid
by the state in the same manner as other expenses of the division are
audited and paid when proper vouchers sworn to by the witnesses and
approved by the secretary are presented. However, a witness
subpoenaed at the instance of parties other than the secretary is not
entitled to any fee or compensation from the state.