Section 409.820

Title XXVI TRADE AND COMMERCE

Chapter 409

Effective - 28 Aug 1985   

  409.820.  Investigations by commissioner, subpoena powers — judicial enforcement. — 1.  The commissioner may make investigations, within or without this state, as he finds necessary or appropriate to:

  (1)  Determine whether any person has violated, or is about to violate, any provision of sections 409.800 to 409.863 or any rule or order of the commissioner; or

  (2)  Aid in enforcement of sections 409.800 to 409.863.

  2.  The commissioner may publish information concerning any violations of sections 409.800 to 409.863 or any rule or order issued or promulgated under sections 409.800 to 409.863.

  3.  For purposes of any investigation or proceeding under sections 409.800 to 409.863, the commissioner, or any officer or employee designated by rule or order of the commissioner, may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the commissioner finds to be relevant or material to the inquiry.  If a person does not give testimony or produce the documents required by the commissioner, or a designated employee, pursuant to an administrative subpoena, the commissioner, or his designated employee, may apply for a court order compelling compliance with the subpoena or the giving of the required testimony.  The request for order of compliance may be addressed to either:

  (1)  The circuit court of Cole County or the circuit court where service may be obtained on the person refusing to testify or produce, if the person is within this state; or

  (2)  The appropriate court of the state having jurisdiction over the person refusing to testify or produce, if the person is outside this state.

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(L. 1985 H.B. 409 & 532 § 9)