50-631. Investigation of violations; remedies.
50-631
50-631. Investigation of violations; remedies.(a) If, by the attorney general's own inquiries or as a result of complaints,the attorney general has reason to believe that a supplier has engaged in, isengaging in or is about to engage in an act or practice that violates this act,the attorney general, or any deputy attorney general or assistant attorneygeneral, may administer oaths and affirmations, subpoena witnesses or matterand collect evidence.
(b) If matter that the attorney general subpoenas is located outsidethis state, the person subpoenaed may either make it available to theattorney general at a convenient location within the state or pay thereasonable and necessary expenses for the attorney general or the attorneygeneral's representative to examine the matter at the place where it islocated. The attorney general may designate representatives, includingofficials of the state in which the matter is located, to inspect the matter onthe attorney general's behalf, and the attorney general may respond to similarrequests from officials of other states.
(c) Service by the attorney general of any notice requiring a person tofile a statement or report, or of a subpoena upon any person, shall be made by:
(1) the mailing thereof by certified mail to the last known place ofbusiness, residence or abode within or without this state; or
(2) in the manner provided in the code of civil procedure as if apetition had been filed.
(d) The attorney general may request that an individual who refuses tocomply with a subpoena, on the ground that testimony or matter mayincriminate the individual, be ordered by the court to provide the testimony ormatter. Except in a prosecution for perjury, an individual who complieswith a court order to provide testimony or matter after asserting a privilegeagainst self-incrimination to which the individual is entitled by law, may notbe subjected to a criminal proceeding or to a civil penalty to the transactionconcerning which the individual is required to testify or produce relevantmatter.
(e) If any person willfully fails or refuses to file any statement orreport required by this act, or obey any subpoena issued by the attorneygeneral, the attorney general may, after notice, apply to the districtcourt and, after a hearing thereon, the district court may issue an order:
(1) Granting injunctive relief restraining the sale or advertisement ofany merchandise by such persons; or
(2) vacating, annulling or suspending the corporate charter of acorporation created by or under the laws of this state or revoking orsuspending the certificate of authority to do business in this state of aforeign corporation or revoking or suspending any other licenses, permitsor certificates issued pursuant to law to the supplier which are used tofurther the allegedly unlawful practice; or
(3) granting such other relief as may be required, until the personfiles the statement or report, or obeys the subpoena.
History: L. 1973, ch. 217, § 9; L. 1989, ch. 159, § 2; L. 1991,ch. 159, § 5; July 1.