§ 106-549.36. Gathering information; reports required; use of subpoena.
§ 106‑549.36. Gathering information; reports required; use of subpoena.
(a) The Commissioner shall also have power
(1) To gather and compile information concerning and, toinvestigate from time to time the organization, business, conduct, practices,and management of any person, firm, or corporation engaged in intrastatecommerce, and the relation thereof to other persons, firms, or corporations;
(2) To require, by general or special orders, persons, firms,and corporations engaged in intrastate commerce, or any class of them, or anyof them to file with the Commissioner, in such form as the Commissioner mayprescribe, annual or special, or both annual and special, reports or answers inwriting to specific questions, furnishing to the Commissioner such informationas he may require as to the organization, business, conduct, practices,management, and relation to other persons, firms, and corporations, of theperson, firm, or corporation filing such reports or answers in writing. Suchreports and answers shall be made under oath, or otherwise, as the Commissionermay prescribe, and shall be filed with the Commissioner within such reasonableperiod as the Commissioner may prescribe, unless additional time be granted inany case by the Commissioner.
(b) For the purposes of this and the previous Article theCommissioner shall at all reasonable times have access to, for the purpose ofexamination, and the right to copy any documentary evidence of any person,firm, or corporation being investigated or proceeded against, and may requireby subpoena the attendance and testimony of witnesses and the production of alldocumentary evidence of any person, firm, or corporation relating to any matterunder investigation. The Commissioner may sign subpoenas and may administeroaths and affirmations, examine witnesses, and receive evidence.
(1) Such attendance of witnesses, and the production of suchdocumentary evidence, may be required at any designated place of hearing. Incase of disobedience to a subpoena the Commissioner may invoke the aid of anycourt designated in G.S. 106‑549.33 in requiring the attendance andtestimony of witnesses and the production of documentary evidence.
(2) Any of the courts designated in G.S. 106‑549.33 withinthe jurisdiction of which such inquiry is carried on may, in case of contumacyor refusal to obey a subpoena issued to any person, firm, or corporation, issuean order requiring such person, firm, or corporation, to appear before theCommissioner or to produce documentary evidence if so ordered, or to giveevidence touching the matter in question; and any failure to obey such order ofthe court may be punished by such court as a contempt thereof.
(3) Upon the application of the Attorney General of this Stateat the request of the Commissioner, the superior court shall have jurisdictionto issue writs of mandamus commanding any person, firm, or corporation tocomply with the provisions of this or the previous Article or any order of theCommissioner made in pursuance thereof.
(4) The Commissioner may order testimony to be taken bydeposition in any proceeding or investigation pending under this Article at anystage of such proceeding or investigation. Such depositions may be takenbefore any person designated by the Commissioner and having power to administeroaths. Such testimony shall be reduced to writing by the person taking thedeposition, or under his direction and shall then be subscribed by thedeponent. Any person may be compelled to appear and depose and to producedocumentary evidence in the same manner as witnesses may be compelled to appearand testify and produce documentary evidence before the Commissioner ashereinbefore provided.
(5) Witnesses summoned before the Commissioner shall be paid thesame fees and mileage that are paid witnesses in the courts of this State, andwitnesses whose depositions are taken and the persons taking the same shallseverally be entitled to the same fees as are paid for like services in suchcourts.
(6) No person, firm, or corporation shall be excused fromattending and testifying or from producing books, papers, schedules of charges,contracts, agreements, or other documentary evidence before the Commissioner orin obedience to the subpoena of the Commissioner whether such subpoena besigned or issued by him or his delegate, or in any cause or proceedings,criminal or otherwise, based upon or growing out of any alleged violation ofthis or the previous Article, or of any amendments thereto, on the ground orfor the reason that the testimony or evidence, documentary or otherwise,required of him or it may tend to incriminate him or it or subject him or it toa penalty or forfeiture; but no person shall be prosecuted or subjected to anypenalty or forfeiture for or on account of any transaction, matter, or thingconcerning which he is compelled, after having claimed his privilege againstself‑incrimination, to testify or produce evidence, documentary orotherwise, except that any person so testifying shall not be exempt fromprosecution and punishment for perjury committed in so testifying.
(c) Any person, firm, or corporation that shall neglect orrefuse to attend and testify or to answer any lawful inquiry, or to producedocumentary evidence, if in his or its power to do so, in obedience to the subpoenaor lawful requirement of the Commissioner shall be guilty of a Class 2misdemeanor.
(1) Any person, firm, or corporation that shall willfully make,or cause to be made, any false entry or statement of fact in any reportrequired to be made under this Article, or that shall willfully make, or causeto be made, any false entry in any account, record, or memorandum kept by anyperson, firm, or corporation subject to this Article or that shall willfullyneglect or fail to make, or to cause to be made, full, true, and correctentries in such accounts, records, or memoranda, of all facts and transactionsappertaining to the business of such person, firm, or corporation, or thatshall willfully remove out of the jurisdiction of this State, or willfully mutilate,alter, or by any other means falsify any documentary evidence of any suchperson, firm, or corporation or that shall willfully refuse to submit to theCommissioner or to any of his authorized agents, for the purpose of inspectionand taking copies, any documentary evidence of any such person, firm, orcorporation in his possession or within his control, shall be deemed guilty ofa Class 2 misdemeanor.
(2) If any person, firm, or corporation required by this Articleto file any annual or special report shall fail so to do within the time fixedby the Commissioner for filing the same, and such failure shall continue for 30days after notice of such default, such person, firm, or corporation shallforfeit to this State the sum of one hundred dollars ($100.00) for each andevery day of the continuance of such failure, which forfeiture shall be payableinto the general fund of this State, and shall be recoverable in a civil suitin the name of the State brought in the superior court where the person, firm,or corporation has his or its principal office or in Wake County. It shall bethe duty of the Attorney General of this State, to prosecute for the recoveryof such forfeitures. The costs and expenses of such prosecution shall be paidout of the amount recovered in such action.
(3) Any officer or employee of this State who shall make publicany information obtained by the Commissioner without his authority, unlessdirected by a court, shall be deemed guilty of a Class 2 misdemeanor. (1969, c. 893, s. 22; 1993, c. 539, s. 802; 1994, Ex.Sess., c. 24, s. 14(c).)