Sec. 42-146. Commissioner's powers to enforce.
Sec. 42-146. Commissioner's powers to enforce. (a) In the discharge of the duties
imposed by this chapter: (1) The commissioner or his duly authorized agent or agents
shall at all reasonable times have access to records and documentary evidence of any
person being investigated for the purposes of examining such records and documentary
evidence and making copies thereof; and (2) the commissioner shall have the power to
administer oaths and affirmations and to issue subpoenas requiring the attendance of
witnesses and the production of records, correspondence, documents or other evidence
in connection therewith.
(b) In case of contumacy or refusal to obey a subpoena issued to any person, the
Superior Court, upon application by the commissioner, shall have jurisdiction to order
such person to appear and produce evidence or to give testimony touching the matter
under investigation or in question, and any failure to obey such order may be punished
by said court as a contempt thereof. No person shall be excused from attending and
testifying or from producing books, records, correspondence, documents or other evidence in obedience to the subpoena of the commissioner, on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a
penalty or forfeiture; but no individual shall 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 having claimed his privilege against self-incrimination, to testify or
produce evidence, except that such individual so testifying shall not be exempt from
prosecution and punishment for perjury committed in so testifying. Complaints, orders
and other processes and papers of the commissioner may be served personally, by registered or certified mail, by telegraph or by leaving a copy thereof at the principal office
or place of business of the person required to be served. The verified return of service
shall be proof of such service. Witnesses summoned by the commissioner shall be paid
the same fees and mileage allowances that are paid witnesses in the courts of this state,
and witnesses whose depositions are taken and the person taking the same shall severally
be entitled to the same fees as are paid for like services in the courts of this state. All
processes of any court to which an application or petition may be made under this chapter
may be served in the judicial district wherein the person or persons required to be served
reside or may be found.
(c) Any person who, without just cause, fails to attend and testify or to answer any
lawful inquiry or to produce records, correspondence, documents or other evidence, if
it is within his power to do so, in obedience to a subpoena issued to him under this
section, shall be fined not more than two hundred dollars and imprisoned not more than
six months or both.
(P.A. 73-493, S. 4; P.A. 78-280, S. 2, 127.)
History: P.A. 78-280 substituted "judicial district" for "county" in Subsec. (b) re serving of process.