57-11-12. Investigatory powers and proceedings of division.

238 words·~1 min read·/ut/title-57/chapter-11/57-11-12

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The division may:

(a)make necessary public or private investigations within or outside of this state to determine whether any person has violated or is about to violate this act or any rule or order hereunder or to aid in the enforcement of this act or in the prescribing of rules and forms hereunder;

(b)require or permit any person to file a complaint in the form required by the division as to all the facts and circumstances concerning the matter to be investigated.

(2)For the purpose of any investigation or proceeding under this act, the division or any officer designated by rule may administer oaths or affirmations, and upon its own motion or upon request of any party may subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts, or any other matter reasonably calculated to lead to the discovery of material evidence.

(3)Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the division may apply to any district court for an order compelling compliance.

Amended by Chapter 86 , 2000 General Session