Sec. 36b-71. (Formerly Sec. 36-514). Investigations. Powers of commissioner.
Sec. 36b-71. (Formerly Sec. 36-514). Investigations. Powers of commissioner.
(a) Subject to the provisions of the Freedom of Information Act, as defined in section
1-200, the commissioner may: (1) Make such public or private investigations within or
outside of this state as he deems necessary to determine whether any person has violated
or is about to violate any provision of sections 36b-60 to 36b-80, inclusive, or any
regulation or order adopted or issued under said sections, or to aid in the enforcement
of said sections or in the adoption of regulations and forms under said sections; (2)
require or permit any person to file a statement in writing, under oath or otherwise as
said commissioner determines, as to all the facts and circumstances concerning the
matter to be investigated; and (3) publish information concerning any violation of sections 36b-60 to 36b-80, inclusive, or of any regulation or order adopted or issued under
said sections.
(b) For the purpose of any investigation or proceeding under sections 36b-60 to
36b-80, inclusive, the commissioner or any officer designated by him 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.
(c) In case of contumacy by, or refusal to obey a subpoena issued to, any person,
the superior court for the judicial district of Hartford, upon application by the commissioner, may issue to such person an order requiring him to appear before the commissioner, or the officer designated by him there to produce documentary evidence if so
ordered or to give evidence concerning 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.
(d) No person shall be excused from attending and testifying or from producing any
document or record before the commissioner, or in obedience to the subpoena of said
commissioner or any officer designated by him, or in any proceeding instituted by said
commissioner, on the ground that the testimony or evidence, documentary or otherwise
required of him may tend to incriminate him or subject him to a penalty of 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 he is compelled, after
claiming his 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.
(P.A. 79-458, S. 12, 19; P.A. 80-262, S. 5, 10; 80-483, S. 109, 168, 186; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A.
93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 97-22, S. 16; 97-47, S. 38.)
History: P.A. 80-262 specified that commissioner's action shall be subject to provisions of chapter 3 rather than "in
his discretion"; P.A. 80-483 replaced "Hartford county" with "judicial district of Hartford-New Britain" in Subsec. (c);
P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September
1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993;
Sec. 36-514 transferred to Sec. 36b-71 in 1995; P.A. 95-220 changed the effective date of P.A. 88-230 from September
1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 97-22 made technical changes in Subsecs. (a) and (b); P.A. 97-47 amended Subsec. (a) by substituting "the Freedom of Information Act, as defined in Sec. 1-18a" for "chapter 3".