§ 43-10.1-06.3 — Investigations and subpoenas

North Dakota § 43-10.1-06.3

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-10.1: Pre-Need Funeral Services

Text

1. The commissioner in the commissioner's discretion:
a. May make such public or private investigation within or outside this state as the
commissioner deems necessary to determine whether any person has violated or
is about to violate any provision of this chapter or any rule or order hereunder, or
to aid in the enforcement of this chapter or in the prescribing of rules and forms
hereunder.
b. May require or permit any person to file a statement in writing, under oath or
otherwise as the commissioner determines, as to all the facts and circumstances
concerning the matter to be investigated.
c. May publish information concerning any violation of this chapter or any rule or
order hereunder.
2. For the purpose of any investigation or proceeding under this chapter, the
commissioner or any officer designated by the commissioner may administer oaths
and affirmations, subpoena witnesses, compel their attendance, take evidence, and
require the production of any books, papers, correspondence, memoranda,
agreements, or other documents or records which the commissioner deems relevant
or material to the inquiry.
3. In case of contumacy by, or refusal to obey a subpoena issued to, any person, the
district court, upon application by the commissioner, may issue to the person an order
requiring that person to appear before the commissioner, or the officer designated by
the commissioner, there to produce documentary evidence if so ordered or to give
evidence touching the matter under investigation or in question. Failure to obey the
order of the court may be punished by the court as a contempt of court.
4. No person is excused from attending and testifying or from producing any document or
record before the commissioner, or in obedience to the subpoena of the commissioner
or any officer designated by the commissioner, or in any proceeding instituted by the
commissioner, on the ground that the testimony or evidence, documentary or

otherwise, required of the person may tend to incriminate that person or subject that
person to a penalty or forfeiture; but no individual may be prosecuted or subjected to
any penalty or forfeiture for or on account of any transaction, matter, or thing
concerning which the individual is compelled, after claiming the privilege against
self-incrimination, to testify or produce evidence, documentary or otherwise, except
that the individual testifying is not exempt from prosecution and punishment for perjury
or contempt committed in testifying.