Witnesses and evidence; penalties.
1. The Commissioner or any individual conducting a hearing, examination or investigation by his authority shall have power to subpoena witnesses, compel their attendance, administer oaths, examine any person under oath relative to the subject of the hearing, examination or investigation, and to compel any person to subscribe to his testimony after it has been correctly reduced to writing, and, in connection therewith, to require the production of any books, papers, records, correspondence or other documents which he deems relevant to the inquiry. Any delegation by the Commissioner of the power to administer oaths or of subpoena shall be in writing.
2. A subpoena issued pursuant to this section shall have the same force and effect and shall be served in the same manner as if issued from a court of record.
3. If any individual fails to obey a subpoena, or refuses to testify as to any matter concerning which he may lawfully be interrogated, the Commissioner may file his written report thereof and proof of service of his subpoena in any court of competent jurisdiction in the county where the examination or hearing is being conducted, for such action as the court may determine.
4. Witness fees and mileage, if claimed, shall be allowed the same as for testimony in a court of record, but no officer, director, agent or employee of an insurer or person being examined or investigated shall be entitled to witness or mileage fees.
5. Every person subpoenaed under this section who willfully fails to appear at the time and place named in the subpoena or to produce documents required by the subpoena, or who refuses to be sworn or answer as a witness, is guilty of a misdemeanor.
Last modified: February 27, 2006