§ 9-32-16-8 — Person required to cooperate with division; failure to cooperate

(a) A person shall cooperate in an inquiry,
investigation, or inspection conducted by, or on behalf of, the division
for purposes of determining whether or not a person has violated or is
about to violate any provision under this article. The willful failure of
a person to cooperate, absent a bona fide claim of privilege, may:
(1) be considered by the division a violation of statute; and
(2) thus subject the person to denial, suspension, or revocation of
licensing or a bar from licensing.
(b) The following are examples of, but are not the only, conduct by
a person that may be considered a failure to cooperate:
(1) The failure to timely respond by way of appearance or
production of documents to a subpoena or order issued by the
division.
(2) The failure to answer any question pertinent to inquiry unless
the response to the question is subject to a bona fide claim of
privilege.
(3) The failure to grant division personnel access to:
(A) the business premises of a dealer or a person required to be
licensed as a dealer; or
(B) the records and documents that the dealer or person
required to be licensed as a dealer is required, by statute or rule,
to make available for inspection.
(4) The failure to attend a scheduled proceeding at which the
appearance of the person is required. If a person elects to retain
counsel for the purpose of representation in any such proceeding,
it is the responsibility of the person to do so in a timely fashion.
The failure of a person to retain counsel, absent a showing of
good cause, does not require an adjournment of the proceeding.
(5) The failure to timely respond to or to provide information
requested under a demand under this chapter.
(6) Aiding or abetting the failure of another person to cooperate.

Legislative History

As added by P.L.92-2013, SEC.78. Amended by P.L.174-2016, SEC.113.