§159-8 - Information, investigation, hearings.
[§159-8] Information, investigation,
hearings. For the purpose of enforcing this chapter, the board may:
(1) Gather and compile information which relates to
the business operations of persons being regulated under this chapter and such
other information necessary to effectuate the purposes of this chapter.
Confidential information shall not be disclosed by the board except under order
of court.
(2) Hold hearings, take testimony, administer oaths,
subpoena witnesses and issue subpoenas for the production of records, or
documents of any kind. Upon failure or refusal of any witness to obey any
subpoena, the board may petition the circuit court, and upon proper showing,
the court may enter an order compelling the witness to appear and testify or
produce documentary evidence. Failure to obey the order of court shall be
punishable as a contempt of court.
No person shall be excused from attending and
testifying or from producing documentary evidence before the board in obedience
to a subpoena of the board on the ground or for the reason that the testimony
or evidence, documentary, or otherwise, required of the person may tend to
incriminate the person or subject the person to a penalty or forfeiture; but no
person shall be prosecuted or subjected to any penalty or forfeiture for or on
account of any transaction, matter, or thing concerning which the person is
compelled, after having claimed the person's privilege of self-incrimination,
to testify, or produce evidence, documentary or otherwise, before the board in
obedience to a subpoena issued by the board; provided that no person so
testifying shall be exempt from prosecution for perjury committed in so
testifying.
(3) Request the attorney general to seek relief from
the appropriate circuit courts for writs of mandamus commanding any person to
comply with this chapter or any order of the board made in pursuance thereof or
to enjoin any violation of this chapter or any order of the board.
Witnesses summoned before the board shall be
paid the same fees and mileage that are paid witnesses in the circuit courts of
the State, and witnesses whose depositions are taken and the persons taking
them shall severally be entitled to the same fees as are paid for like services
in the courts. [L 1969, c 214, pt of §1; gen ch 1985]