17-1767.   Same; investigation and prosecution.(a) An action for violation of this act may be prosecuted by theattorney general or county or district attorney.

      (b)   This act shall not be construed to limit or restrict the exerciseof the powers or the performance of the duties of the attorney general,county or district attorney whichthe attorney general, county or district attorney otherwise isauthorized to exercise or perform underany other provision of law by statute or otherwise.

      (c)   If, by the attorneygeneral's or county or district attorney's own inquiries, or as a result ofcomplaints, the attorney general or county or district attorney has reason tobelieve that any person has engaged in, is engaging in or is about to engage inan act or practice that violates this act, the attorney general,deputy attorney general, assistant attorney general orcounty or district attorney, may:

      (1)   Subpoena witnesses or matter;

      (2)   take testimony under oath;

      (3)   examine or cause to be examined any documentary material ofwhatevernature relevant to such alleged violations or false or misleading information;and

      (4)   require attendance during such examination of documentarymaterialand take testimony under oath or acknowledgment in respect of any suchdocumentary material.

      (d)   If documentary material that the attorney general or county ordistrict attorney seeks to examineis located outside of the state of Kansas, the material shall be madeavailable to the attorney general or county or district attorney at aconvenient location within the stateor the person being investigated shall pay the reasonable andnecessaryexpenses for the attorney general, attorney general's legalrepresentative or county or district attorney to examine thedocumentarymaterial where located. Theattorney general or county or district attorney may designaterepresentatives, including officials of thestate in which the matter is located, to inspect the matter on the attorneygeneral's or county or district attorney's behalf, and the attorneygeneral or county or district attorney may respond to similar requestsfrom officials of other states.

      (e)   Service by the attorney general or county or district attorneyofany notice requiring a person tofile a statement or report, or of a subpoena upon any person, shall be made by:

      (1)   Certified mail to the person's last known place of business, residenceor abode, within or without the state; or

      (2)   in the manner provided by the code of civil procedure for notice ofthe filing of a petition.

      (f)   The attorney general or county or district attorney may request thatan individual who refuses to comply with the subpoena, on the ground that thetestimony or matter may incriminate the individual, be ordered by the court toprovide the testimony or matter. Except in a prosecution for perjury, anindividual who complies with a court order to provide testimony or matter afterasserting a privilege against self-incrimination to which the individual isentitled by law may not be subjected to a criminal proceeding or to a civilpenalty with regard to the transaction concerning which the individual isrequired to testify or produce relevant matter.

      (g)   If any person willfully fails or refuses to file anystatement orreport required by this act, or obey any subpoena issued by the attorneygeneral or county or district attorney, the attorney generalor county ordistrict attorney, after notice, may apply to the districtcourt and, after a hearing thereon, the district court may issue an order:

      (1)   Granting injunctive relief restraining the solicitation ofcontributions;

      (2)   vacating, annulling or suspending the registration, license,corporate charter or certificate of authority to do business in this stateor revoking orsuspending any other licenses, permits or certificates issued pursuant tolaw to such persons which are used to further the allegedly unlawful practice;or

      (3)   granting such other relief as may be required, until the personfiles the statement or report, or obeys the subpoena.

      History:   L. 1988, ch. 96, § 9;L. 1989, ch. 159, § 1;L. 1990, ch. 84, § 3;L. 1993, ch. 135, § 2; July 1.