32-2108. Powers and duties of commissioner to
make investigations and require information
A. The commissioner on the commissioner's own motion may, and upon a verified
complaint in writing shall, investigate the actions of any natural person or entity
engaged in the business or acting in the capacity of a broker, salesperson or developer
and may at any time examine the books and records used in connection with the business
insofar as the commissioner reasonably believes the books or records pertain to the
transfer, sale, rental, lease, use or management of real property. In connection with an
investigation, the commissioner or the commissioner's representative may take testimony
and may examine and copy documents and other physical evidence that relate to the
investigation. If necessary, the commissioner or the commissioner's representative may
issue subpoenas to compel the testimony of witnesses and the production of documents and
other evidence. If a person refuses to comply with a subpoena, the commissioner or the
commissioner's representative may apply to the superior court for an order to compel
compliance.
B. The commissioner shall establish a certification and enforcement unit that is
charged with investigative duties relevant to the rules of the commissioner and the laws
of this state, including applications for certification, investigations and enforcement
and other duties as the commissioner prescribes.
C. The commissioner may require any additional information and documents that are
reasonably necessary to determine the good moral character of an applicant for or holder
of a license or public report or renewal or amendment of a license or public report. For
the purposes of this subsection, "applicant" or "holder" means a person and, if an
entity, any officer, director, member, manager, partner, owner, trust beneficiary holding
ten per cent or more beneficial interest, stockholder owning ten per cent or more stock
and person exercising control of the entity. The information may include:
1. Prior criminal records.
2. A valid fingerprint clearance card issued pursuant to section 41-1758.03.
3. An affidavit setting out whether the applicant or holder has:
(a) Been convicted of a felony or a misdemeanor.
(b) Had any business or professional license denied, suspended or revoked or had
any other disciplinary action taken or administrative order entered against the applicant
or holder by any regulatory agency.
(c) Had a public report denied or suspended.
(d) Been permanently or temporarily enjoined by order, judgment or decree from
engaging in or continuing any conduct or practice in connection with the sale or purchase
of real estate, cemetery property, time-share intervals, membership camping campgrounds
or contracts or securities or involving consumer fraud or the racketeering laws of this
state.
(e) Had any adverse decision or judgment entered against the applicant or holder
arising out of the conduct of any business in or involving a transaction in real estate,
cemetery property, time-share intervals or membership camping campgrounds or contracts
involving fraud, dishonesty or moral turpitude.
(f) Filed, or is subject to, a petition under any chapter of the federal bankruptcy
act.
(g) Participated in, operated or held an interest or exercised control in any
entity to which subdivision (b), (c), (d), (e) or (f) applies.
|