16a-6-106.   (UCCC) Examination and investigatorypowers; costs.(1) The administrator may:

      (a)   Conduct public or private examinations or investigations within oroutside of this state as necessary to determine whether any license should begranted, denied or revoked or whether any person has violated or is about toviolate any provision of this act or any rule and regulation, administrativeinterpretation, or order hereunder, or to aid in the enforcement of this act orin the prescribing of forms or adoption of rules and regulations;

      (b)   require or permit any person to file a statement in writing, under oathor otherwise as the administrator determines, of all the facts andcircumstances concerning any violation of this act or any rule and regulation,administrative interpretation or order hereunder.

      (2)   For the purpose of any examination, investigation or proceeding underthis act, the administrator or any officer designated by the administrator mayadminister oaths and affirmations, subpoena witnesses, compel such witnesses'attendance, adduce evidence and require the production of any matter which isrelevant to the examination or investigation, including the existence,description, nature, custody, condition and location of any books, documents orother tangible things and the identity and location of persons having knowledgeof relevant facts, or any other matter reasonably calculated to lead to thediscovery of relevant information or items.

      (3)   In case of contumacy by, or refusal to obey a subpoena issued to anyperson, any court of competent jurisdiction, upon application by theadministrator, may issue to that person an order requiring the person toappear before the administrator, or the officer designated by theadministrator, there, to produce documentary evidence if so ordered or to giveevidence touching the matter under investigation or in question. Any failureto obey the order of the court may be punished by the court as a contempt ofcourt.

      (4)   No person is excused from attending and testifying or from producing anydocument or record before the administrator or in obedience to the subpoena ofthe administrator or any officer designated by the the administrator or in anyproceeding instituted by the administrator, on the ground that the testimony orevidence (documentary or otherwise) required of the person may tend toincriminate the person or subject the person to a penalty or forfeiture. Noindividual may be prosecuted or subjected to any penalty or forfeiture for oron account of any transaction, matter or thing concerning which such person iscompelled, after claiming privilege against self-incrimination, to testify orproduce evidence (documentary or otherwise), except that the individual sotestifying shall not be exempt from prosecution and punishment for perjurycommitted in so testifying.

      (5)   The administrator may issue and apply to enforce subpoenas in this stateat the request of a consumer code administrator of another state if theactivities constituting an alleged violation for which the information issought would be a violation of the Kansas consumer credit code if theactivities had occurred in this state.

      (6)   If the person's records are located outside this state, the person shalleither make them available to the administrator at a convenient location withinthis state or, at the administrator's discretion, pay the reasonable andnecessary expenses for the administrator or such administrator's representativeto examine themat the place where they are maintained. The administrator may designaterepresentatives, including comparable officials of the state in which therecords are located, to inspect the records on the administrator's behalf.

      (7)   The administrator may charge as costs of investigation or examination allreasonable expenses, including a per diem and actual travel and lodgingexpenses to be paid by the party or parties under investigation or examination. The administrator may maintain an action in any court to recover suchcosts.

      History:   L. 1973, ch. 85, § 99;L. 1999, ch. 107, § 30; July 1.