Sec. 1379D. SUBPOENA AUTHORITY.76
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## SEC. 1379D SUBPOENA AUTHORITY.76 **[**[12 U.S.C. 4641](/us/usc/t12/s4641)**]** 76See footnote to section 1379B. ###
(a)In General In the course of or in connection with any proceeding, examination, or investigation under this title, the Director or any designated representative thereof, including any person designated to conduct any hearing under this subtitle shall have the authority— ####
(1)to administer oaths and affirmations; ####
(2)to take and preserve testimony under oath; ####
(3)to issue subpoenas and subpoenas duces tecum; and ####
(4)to revoke, quash, or modify subpoenas and subpoenas duces tecum. ###
(b)Witnesses and Documents The attendance of witnesses and the production of documents provided for in this section may be required from any place in any State or in any territory or other place subject to the jurisdiction of the United States at any designated place where such proceeding is being conducted. ###
(c)Enforcement ####
(1)In general The Director, or any party to proceedings under this subtitle, may apply to the United States District Court for the District of Columbia, or the United States district court for the judicial district of the United States in any territory in which such proceeding is being conducted, or where the witness resides or carries on business, for enforcement of any subpoena or subpoena duces tecum issued pursuant to this section. ####
(2)Power of court The courts described under paragraph
(1)shall have the jurisdiction and power to order and require compliance with any subpoena issued under paragraph (1). ###
(d)Fees and Expenses Witnesses subpoenaed under this section shall be paid the same fees and mileage that are paid witnesses in the district courts of the United States. Any court having jurisdiction of any proceeding instituted under this section by an regulated entity enterprise-affiliated party77 may allow to any such party such reasonable expenses and attorneys fees as the court deems just and proper. Such expenses and fees shall be paid by the enterprise78 or from its assets. 77So in law. 78Section 1156 of Public Law 110–289, 122 Stat. 2777, amended this section by “enterprise” and inserting “regulated entity”. The term to be struck appears twice in this section and was executed above in the first occurrence. ###
(e)Penalties A person shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine of not more than $1,000 or to imprisonment for a term of not more than 1 year, or both, if that person willfully fails or refuses, in disobedience of a subpoena issued under subsection (c), to— ####
(1)attend court; ####
(2)testify in court; ####
(3)answer any lawful inquiry; or ####
(4)produce books, papers, correspondence, contracts, agreements, or such other records as requested in the subpoena.
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- Pub. L. 110-289
- 122 Stat. 2777
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