§431:2-204  Commissioner's power tosubpoena.  (a)  The commissioner, either on the commissioner's own behalfor on behalf of any interested party, may take depositions, and subpoenawitnesses or documentary evidence.  The commissioner may administer oaths, andexamine under oath any individual relative to the affairs of any person beingexamined, or relative to the subject of any hearing or investigation.

(b)  The subpoena shall have the same force andeffect and shall be served in the same manner as if issued from a court ofrecord.

(c)  Witness fees and mileage, if claimed,shall be allowed the same as for testimony in a court of record.  Witness fees,mileage, and the actual expense necessarily incurred in securing attendance ofwitnesses and their testimony shall be itemized, and shall be paid by theperson as to whom the examination is being made, or by the person if other thanthe commissioner, at whose request the hearing is held.

(d)  When the commissioner, through theinsurance fraud investigations branch, is conducting an investigation ofpossible violations of part IV, the commissioner shall pay to a financialinstitution that is served a subpoena issued under this section a fee forreimbursement of the costs that are necessary and which have been directlyincurred in searching for, reproducing, or transporting books, papers,documents, or other objects designated by the subpoena.  Reimbursement shall bepaid at a rate not to exceed the rate set forth in section 28-2.5(d). [L 1987,c 347, pt of §2; am L 1998, c 155, §1; am L 2009, c 149, §4]

 

Cross References

 

  Witness fees, mileage, see §607-12.