Investigations and subpoenas.
1. The Administrator may make investigations, within or outside of this State, as he finds necessary or appropriate to:
(a) Determine whether any person has violated, or is about to violate, any provision of this chapter or any regulation or order of the Administrator; or
(b) Aid in the enforcement of this chapter.
2. The Administrator may publish information concerning any violation of this chapter or any regulation or order of the Administrator.
3. For the purposes of any investigation or proceeding under this chapter, the Administrator, or an officer or employee designated by the Administrator, may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements or other records which the Administrator finds to be relevant or material to the inquiry.
4. If a person does not give testimony or produce the records required by the Administrator or a designated officer or employee pursuant to an administrative subpoena, the Administrator or designated officer or employee may apply for a court order compelling compliance with the subpoena or the giving of the required testimony.
5. The request for an order of compliance may be addressed to either:
(a) The District Court for the First Judicial District;
(b) The district court for any judicial district where service may be obtained on the person refusing to testify or produce, if the person is within this State; or
(c) The appropriate court of the state having jurisdiction over the person refusing to testify or produce, if the person is outside of this State.
6. If the activities constituting an alleged violation for which the information is sought would be a violation of this chapter had the activities occurred in this State, the Administrator may issue and apply to enforce subpoenas, in the manner set forth in subsection 5, in this State at the request of a securities agency or administrator of another state.
Last modified: February 26, 2006