(a)The commission shall have the power to summon
witnesses, to administer oaths, and to require the production of
records, books, and documents for examination at any hearing or
investigation conducted by it. No person shall be excused from
attending and testifying, or from producing books, papers, and
records before the commission or a court, or from obedience to
the subpoena of the commission or a court, on the ground or for
reason that the testimony or evidence, documentary or otherwise,
required of him may tend to incriminate him or subject him to a
penalty or forfeiture; provided, that nothing herein contained
shall be construed as requiring any person to produce any books,
papers, or records, or to testify in response to any inquiry not
pertinent to some question lawfully before the
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(a) The commission shall have the power to summon
witnesses, to administer oaths, and to require the production of
records, books, and documents for examination at any hearing or
investigation conducted by it. No person shall be excused from
attending and testifying, or from producing books, papers, and
records before the commission or a court, or from obedience to
the subpoena of the commission or a court, on the ground or for
reason that the testimony or evidence, documentary or otherwise,
required of him may tend to incriminate him or subject him to a
penalty or forfeiture; provided, that nothing herein contained
shall be construed as requiring any person to produce any books,
papers, or records, or to testify in response to any inquiry not
pertinent to some question lawfully before the commission or
court for determination. No natural person shall be subjected to
criminal prosecution or to any penalty or forfeiture for or on
account of any transaction, matter, or thing concerning which,
in spite of his objection, he may be required to testify or
produce evidence, documentary or otherwise, before the
commission or court, or in obedience to a subpoena; provided,
that no person testifying shall be exempted from prosecution and
punishment for perjury committed in so testifying.
(b) Nothing in this act, and no suit by or against the
commission, and no violation charged or asserted against any
person under any provisions of this act, or any rule, regulation
or order issued hereunder, shall impair or abridge or delay any
cause of action for damages which any person may have or assert
against any other person violating any provision of this act, or
any rule, regulation, or order issued thereunder. Any person so
damaged by the violation may sue for and recover such damages as
he otherwise may be entitled to receive. In the event the
commission shall fail to bring suit to enjoin any actual or
threatened violation of this act, or of any rule, regulation or
order made hereunder, then any person or party in interest
adversely affected and who has notified the commission in
writing of such violation or threat thereof and has requested
the commission to sue, may, to prevent any or further violation,
bring suit for that purpose in the district court of any county
in which the commission could have brought suit. If, in such
suit, the court holds that injunctive relief should be granted,
then the commission may be made a party and the court may in its
discretion order the commission to be substituted for the person
who brought the suit or the injunction issue as to the court may
be deemed meet and proper in the premises.
(c) In case of failure or refusal on the part of any
person to comply with a subpoena issued by the commission, or in
case of the refusal of any witness to testify as to any matter
regarding which he may be interrogated, any district court in
the state, upon the application of the commission, may in term
time or vacation issue an attachment for such person and compel
him to comply with such subpoena, and to attend before the
commission and produce such records, books and documents for
examination, and to give his testimony. Such court shall have
the power to punish for contempt as in the case of disobedience
to a like subpoena issued by the court, or for refusal to
testify therein.