13-11-16 - Investigatory powers of enforcing authority.
13-11-16. Investigatory powers of enforcing authority.
(1) If, by his own inquiries or as a result of complaints, the enforcing authority has reasonto believe that a person has engaged in, is engaging in, or is about to engage in an act or practicethat violates this act, he may administer oaths and affirmations, subpoena witnesses or matter, andcollect evidence.
(2) If matter that the enforcing authority subpoenas is located outside this state, the personsubpoenaed may either make it available to the enforcing authority at a convenient location withinthe state or pay the reasonable and necessary expenses for the enforcing authority or hisrepresentative to examine the matter at the place where it is located. The enforcing authority maydesignate representatives, including officials of the state in which the matter is located, to inspectthe matter on his behalf, and he may respond to similar requests from officials of other states.
(3) Upon failure of a person without lawful excuse to obey a subpoena and uponreasonable notice to all persons affected, the enforcing authority may apply to the court for anorder compelling compliance.
(4) In the event a witness asserts a privilege against self-incrimination, testimony andevidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants ofImmunity.
Amended by Chapter 296, 1997 General Session