31A-23a-1005. Investigations.
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Effective 5/14/2019
31A-23a-1005. Investigations.
(1)To enforce the provisions of this part, including Section 8 of RESPA, the division may conduct a public or private investigation within or outside of the state as the division considers necessary to determine whether a person has violated a provision of this part, including Section 8 of RESPA.
(2)For the purpose of an investigation described in Subsection
(1), the division may:
(a)administer an oath or affirmation;
(b)issue a subpoena that requires:
(i)the attendance and testimony of a witness; or
(ii)the production of evidence;
(c)take evidence;
(d)require the production of a book, paper, contract, record, other document, or information relevant to the investigation; and
(e)serve a subpoena by certified mail.
(a)A court of competent jurisdiction shall enforce, according to the practice and procedure of the court, a subpoena issued by the division.
(b)The division shall pay any witness fee, travel expense, mileage, or any other fee required by the service statutes of the state where the witness or evidence is located.
Enacted by Chapter 475 , 2019 General Session
Technically renumbered for proper placement in chapter.