§ 106-549.68. Powers of Commissioner; subpoenas; mandamus; self-incrimination; penalties.
§ 106‑549.68. Powers of Commissioner; subpoenas; mandamus; self‑incrimination;penalties.
(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 engaged in intrastate commerce, and the relationthereof to other persons;
(2) To require, by general or special orders, persons engaged inintrastate commerce, or any class of them, or any of them to file with theCommissioner, in such form as the Commissioner may prescribe, annual orspecial, or both annual and special, reports or answers in writing to specificquestions, furnishing to the Commissioner such information as he may require asto the organization, business, conduct, practices, management, and relation toother persons of the person 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) (1) For the purposes of this Articlethe Commissioner shall at all reasonable times have access to, for the purposeof examination, and the right to copy, any documentary evidence of any personbeing investigated or proceeded against, and may require by subpoena theattendance and testimony of witnesses and the production of all documentaryevidence of any person relating to any matter under investigation. TheCommissioner may sign subpoenas and may administer oaths and affirmations,examine witnesses, and receive evidence.
(2) 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. 106‑549.67 in requiring the attendance andtestimony of witnesses and the production of documentary evidence.
(3) Any of the courts designated in G.S. 106‑549.67 withinthe jurisdiction of which such inquiry is carried on may, in case of contumacyor refusal to obey a subpoena issued to any person, issue an order requiringsuch person to appear before the Commissioner or to produce documentaryevidence if so ordered, or to give evidence touching the matter in question;and any failure to obey such order of the court may be punished by such courtas a contempt thereof.
(4) Upon the application of the Attorney General of this Stateat the request of the Commissioner, the superior court shall have jurisdictionto issue writs or [of] mandamus commanding any person to comply with theprovisions of this Article or any order of the Commissioner made in pursuance thereof.
(5) 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.
(6) 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.
(7) No person shall be excused from attending and testifying orfrom producing books, papers, schedules of charges, contracts, agreements, orother documentary evidence before the Commissioner or in obedience to thesubpoena of the Commissioner whether such subpoena be signed or issued by himor his delegate, or in any cause or proceeding, criminal or otherwise, basedupon or growing out of any alleged violation of this Article, or of anyamendments thereto, on the ground or for the reason that the testimony orevidence, documentary or otherwise, required of him or it may tend toincriminate him or it or subject him or it to a penalty or forfeiture; but noindividual shall be prosecuted or subjected to any penalty or forfeiture for oron account of any transaction, matter, or thing concerning which he iscompelled, after having claimed his privilege against self‑incrimination,to testify or produce evidence, documentary or otherwise, except that anyindividual so testifying shall not be exempt from prosecution and punishmentfor perjury committed in so testifying.
(c) (1) Any person 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 thesubpoena or lawful requirement of the Commissioner shall be guilty of a Class 1misdemeanor.
(2) Any person that shall willfully make, or cause to be made,any false entry or statement of fact in any report required to be made underthis Article, or that shall willfully make, or cause to be made, any falseentry in any account, record, or memorandum kept by any person subject to thisArticle or that shall willfully neglect or fail to make, or to cause to bemade, full, true, and correct entries in such accounts, records, or memoranda,of all facts and transactions appertaining to the business of any personsubject to this Article or that shall willfully remove out of the jurisdictionof this State, or willfully mutilate, alter, or by any other means falsify anydocumentary evidence of any such person, or that shall willfully refuse tosubmit to the Commissioner or to any of his authorized agents, for the purposeof inspection and taking copies, any documentary evidence of any person subjectto this Article in his or its possession or within his or its control, shall bedeemed guilty of a Class 1 misdemeanor.
(3) If any person required by this Article to file any annual orspecial report shall fail so to do within the time fixed by the Commissionerfor filing the same, and such failure shall continue for 30 days after noticeof such default, such person shall forfeit to this State the sum of one hundreddollars ($100.00) for each and every day of the continuance of such failure,which forfeiture shall be payable into the general fund of this State, andshall be recoverable in a civil suit in the name of the State brought in thesuperior court where the person has his or its principal office or in anycounty in which he or it shall do business. It shall be the duty of theAttorney General of this State, to prosecute for the recovery of suchforfeitures. The costs and expenses of such prosecution shall be paid out ofthe amount recovered in such action.
(4) 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 1 misdemeanor. (1971, c. 677, s. 21; 1993, c. 539, ss. 803‑805;1994, Ex. Sess., c. 14, s. 55; c. 24, s. 14(c).)