57-29-303. Investigatory powers and proceedings of division.
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/ut/title-57/chapter-29/57-29-303·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 7/1/2024
57-29-303. Investigatory powers and proceedings of division.
(1)The division may:
(a)conduct a public or private investigation to determine whether a person has violated or is about to violate a provision of this chapter; and
(b)require or allow a person to file a written statement with the division that relates to the facts and circumstances concerning a matter to be investigated.
(2)For the purpose of an investigation or proceeding under this chapter, the division may:
(a)administer oaths or affirmations; and
(b)upon the division's own initiative or upon the request of any party:
(i)subpoena a witness;
(ii)compel a witness's attendance;
(iii)take evidence; or
(iv)require the production, within 10 business days, of any information or item that is relevant to the investigation, including:
(A)the existence, description, nature, custody, condition, and location of any books, electronic records, documents, or other tangible records;
(B)the identity and location of any person who has knowledge of relevant facts; or
(C)any other information or item that is reasonably calculated to lead to the discovery of material evidence.
(3)If a person fails to obey a subpoena or other request made in accordance with this section, the division may petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration , for an order compelling compliance.
Amended by Chapter 401 , 2023 General Session