16a-6-106.(UCCC) Examination and investigatory
powers; costs.
(1) The administrator may:
(a) Conduct public or private examinations or investigations within or
outside of this state as necessary to determine whether any license should be
granted, denied or revoked or whether any person has violated or is about to
violate any provision of this act or any rule and regulation, administrative
interpretation, or order hereunder, or to aid in the enforcement of this act or
in the prescribing of forms or adoption of rules and regulations;
(b) require or permit any person to file a statement in writing, under oath
or otherwise as the administrator determines, of all the facts and
circumstances 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 under
this act, the administrator or any officer designated by the administrator may
administer oaths and affirmations, subpoena witnesses, compel such witnesses'
attendance, adduce evidence and require the production of any matter which is
relevant to the examination or investigation, including the existence,
description, nature, custody, condition and location of any books, documents or
other tangible things and the identity and location of persons having knowledge
of relevant facts, or any other matter reasonably calculated to lead to the
discovery of relevant information or items.
(3) In case of contumacy by, or refusal to obey a subpoena issued to any
person, any court of competent jurisdiction, upon application by the
administrator, may issue to that person an order requiring the person to
appear before the administrator, or the officer designated by the
administrator, there, to produce documentary evidence if so ordered or to give
evidence touching the matter under investigation or in question. Any failure
to obey the order of the court may be punished by the court as a contempt of
court.
(4) No person is excused from attending and testifying or from producing any
document or record before the administrator or in obedience to the subpoena of
the administrator or any officer designated by the the administrator or in any
proceeding instituted by the administrator, on the ground 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. No
individual may be prosecuted or subjected to any penalty or forfeiture for or
on account of any transaction, matter or thing concerning which such person is
compelled, after claiming privilege against self-incrimination, to testify or
produce evidence (documentary or otherwise), except that the individual so
testifying shall not be exempt from prosecution and punishment for perjury
committed in so testifying.
(5) The administrator may issue and apply to enforce subpoenas in this state
at the request of a consumer code administrator of another state if the
activities constituting an alleged violation for which the information is
sought would be a violation of the Kansas consumer credit code if the
activities had occurred in this state.
(6) If the person's records are located outside this state, the person shall
either make them available to the administrator at a convenient location within
this state or, at the administrator's discretion, pay the reasonable and
necessary expenses for the administrator or such administrator's representative
to examine them
at the place where they are maintained. The administrator may designate
representatives, including comparable officials of the state in which the
records are located, to inspect the records on the administrator's behalf.
(7) The administrator may charge as costs of investigation or examination all
reasonable expenses, including a per diem and actual travel and lodging
expenses to be paid by the party or parties under investigation or examination.
The administrator may maintain an action in any court to recover such
costs.
History: L. 1973, ch. 85, § 99;
L. 1999, ch. 107, § 30; July 1.
16a-6-106.(UCCC) Examination and investigatory
powers; costs.
(1) The administrator may:
(a) Conduct public or private examinations or investigations within or
outside of this state as necessary to determine whether any license should be
granted, denied or revoked or whether any person has violated or is about to
violate any provision of this act or any rule and regulation, administrative
interpretation, or order hereunder, or to aid in the enforcement of this act or
in the prescribing of forms or adoption of rules and regulations;
(b) require or permit any person to file a statement in writing, under oath
or otherwise as the administrator determines, of all the facts and
circumstances 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 under
this act, the administrator or any officer designated by the administrator may
administer oaths and affirmations, subpoena witnesses, compel such witnesses'
attendance, adduce evidence and require the production of any matter which is
relevant to the examination or investigation, including the existence,
description, nature, custody, condition and location of any books, documents or
other tangible things and the identity and location of persons having knowledge
of relevant facts, or any other matter reasonably calculated to lead to the
discovery of relevant information or items.
(3) In case of contumacy by, or refusal to obey a subpoena issued to any
person, any court of competent jurisdiction, upon application by the
administrator, may issue to that person an order requiring the person to
appear before the administrator, or the officer designated by the
administrator, there, to produce documentary evidence if so ordered or to give
evidence touching the matter under investigation or in question. Any failure
to obey the order of the court may be punished by the court as a contempt of
court.
(4) No person is excused from attending and testifying or from producing any
document or record before the administrator or in obedience to the subpoena of
the administrator or any officer designated by the the administrator or in any
proceeding instituted by the administrator, on the ground 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. No
individual may be prosecuted or subjected to any penalty or forfeiture for or
on account of any transaction, matter or thing concerning which such person is
compelled, after claiming privilege against self-incrimination, to testify or
produce evidence (documentary or otherwise), except that the individual so
testifying shall not be exempt from prosecution and punishment for perjury
committed in so testifying.
(5) The administrator may issue and apply to enforce subpoenas in this state
at the request of a consumer code administrator of another state if the
activities constituting an alleged violation for which the information is
sought would be a violation of the Kansas consumer credit code if the
activities had occurred in this state.
(6) If the person's records are located outside this state, the person shall
either make them available to the administrator at a convenient location within
this state or, at the administrator's discretion, pay the reasonable and
necessary expenses for the administrator or such administrator's representative
to examine them
at the place where they are maintained. The administrator may designate
representatives, including comparable officials of the state in which the
records are located, to inspect the records on the administrator's behalf.
(7) The administrator may charge as costs of investigation or examination all
reasonable expenses, including a per diem and actual travel and lodging
expenses to be paid by the party or parties under investigation or examination.
The administrator may maintain an action in any court to recover such
costs.
History: L. 1973, ch. 85, § 99;
L. 1999, ch. 107, § 30; July 1.
16a-6-106.(UCCC) Examination and investigatory
powers; costs.
(1) The administrator may:
(a) Conduct public or private examinations or investigations within or
outside of this state as necessary to determine whether any license should be
granted, denied or revoked or whether any person has violated or is about to
violate any provision of this act or any rule and regulation, administrative
interpretation, or order hereunder, or to aid in the enforcement of this act or
in the prescribing of forms or adoption of rules and regulations;
(b) require or permit any person to file a statement in writing, under oath
or otherwise as the administrator determines, of all the facts and
circumstances 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 under
this act, the administrator or any officer designated by the administrator may
administer oaths and affirmations, subpoena witnesses, compel such witnesses'
attendance, adduce evidence and require the production of any matter which is
relevant to the examination or investigation, including the existence,
description, nature, custody, condition and location of any books, documents or
other tangible things and the identity and location of persons having knowledge
of relevant facts, or any other matter reasonably calculated to lead to the
discovery of relevant information or items.
(3) In case of contumacy by, or refusal to obey a subpoena issued to any
person, any court of competent jurisdiction, upon application by the
administrator, may issue to that person an order requiring the person to
appear before the administrator, or the officer designated by the
administrator, there, to produce documentary evidence if so ordered or to give
evidence touching the matter under investigation or in question. Any failure
to obey the order of the court may be punished by the court as a contempt of
court.
(4) No person is excused from attending and testifying or from producing any
document or record before the administrator or in obedience to the subpoena of
the administrator or any officer designated by the the administrator or in any
proceeding instituted by the administrator, on the ground 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. No
individual may be prosecuted or subjected to any penalty or forfeiture for or
on account of any transaction, matter or thing concerning which such person is
compelled, after claiming privilege against self-incrimination, to testify or
produce evidence (documentary or otherwise), except that the individual so
testifying shall not be exempt from prosecution and punishment for perjury
committed in so testifying.
(5) The administrator may issue and apply to enforce subpoenas in this state
at the request of a consumer code administrator of another state if the
activities constituting an alleged violation for which the information is
sought would be a violation of the Kansas consumer credit code if the
activities had occurred in this state.
(6) If the person's records are located outside this state, the person shall
either make them available to the administrator at a convenient location within
this state or, at the administrator's discretion, pay the reasonable and
necessary expenses for the administrator or such administrator's representative
to examine them
at the place where they are maintained. The administrator may designate
representatives, including comparable officials of the state in which the
records are located, to inspect the records on the administrator's behalf.
(7) The administrator may charge as costs of investigation or examination all
reasonable expenses, including a per diem and actual travel and lodging
expenses to be paid by the party or parties under investigation or examination.
The administrator may maintain an action in any court to recover such
costs.
History: L. 1973, ch. 85, § 99;
L. 1999, ch. 107, § 30; July 1.