Article 17.--RELIGIOUS, CHARITABLE AND OTHER ORGANIZATIONS
17-1767.Same; investigation and prosecution.
(a) An action for violation of this act may be prosecuted by the
attorney general or county or district attorney.
(b) This act shall not be construed to limit or restrict the exercise
of the powers or the performance of the duties of the attorney general,
county or district attorney which
the attorney general, county or district attorney otherwise is
authorized to exercise or perform under
any other provision of law by statute or otherwise.
(c) If, by the attorney
general's or county or district attorney's own inquiries, or as a result of
complaints, the attorney general or county or district attorney has reason to
believe that any person has engaged in, is engaging in or is about to engage in
an act or practice that violates this act, the attorney general,
deputy attorney general, assistant attorney general or
county or district attorney, may:
(1) Subpoena witnesses or matter;
(2) take testimony under oath;
(3) examine or cause to be examined any documentary material of
whatever
nature relevant to such alleged violations or false or misleading information;
and
(4) require attendance during such examination of documentary
material
and take testimony under oath or acknowledgment in respect of any such
documentary material.
(d) If documentary material that the attorney general or county or
district attorney seeks to examine
is located outside of the state of Kansas, the material shall be made
available to the attorney general or county or district attorney at a
convenient location within the state
or the person being investigated shall pay the reasonable and
necessary
expenses for the attorney general, attorney general's legal
representative or county or district attorney to examine the
documentary
material where located. The
attorney general or county or district attorney may designate
representatives, including officials of the
state in which the matter is located, to inspect the matter on the attorney
general's or county or district attorney's behalf, and the attorney
general or county or district attorney may respond to similar requests
from officials of other states.
(e) Service by the attorney general or county or district attorney
of
any notice requiring a person to
file 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, residence
or abode, within or without the state; or
(2) in the manner provided by the code of civil procedure for notice of
the filing of a petition.
(f) The attorney general or county or district attorney may request that
an individual who refuses to comply with the subpoena, on the ground that the
testimony or matter may incriminate the individual, be ordered by the court to
provide the testimony or matter. Except in a prosecution for perjury, an
individual who complies with a court order to provide testimony or matter after
asserting a privilege against self-incrimination to which the individual is
entitled by law may not be subjected to a criminal proceeding or to a civil
penalty with regard to the transaction concerning which the individual is
required to testify or produce relevant matter.
(g) If any person willfully fails or refuses to file any
statement or
report required by this act, or obey any subpoena issued by the attorney
general or county or district attorney, the attorney general
or county or
district attorney, after notice, may apply to the district
court and, after a hearing thereon, the district court may issue an order:
(1) Granting injunctive relief restraining the solicitation of
contributions;
(2) vacating, annulling or suspending the registration, license,
corporate charter or certificate of authority to do business in this state
or revoking or
suspending any other licenses, permits or certificates issued pursuant to
law to such persons which are used to further the allegedly unlawful practice;
or
(3) granting such other relief as may be required, until the person
files 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.
Article 17.--RELIGIOUS, CHARITABLE AND OTHER ORGANIZATIONS
17-1767.Same; investigation and prosecution.
(a) An action for violation of this act may be prosecuted by the
attorney general or county or district attorney.
(b) This act shall not be construed to limit or restrict the exercise
of the powers or the performance of the duties of the attorney general,
county or district attorney which
the attorney general, county or district attorney otherwise is
authorized to exercise or perform under
any other provision of law by statute or otherwise.
(c) If, by the attorney
general's or county or district attorney's own inquiries, or as a result of
complaints, the attorney general or county or district attorney has reason to
believe that any person has engaged in, is engaging in or is about to engage in
an act or practice that violates this act, the attorney general,
deputy attorney general, assistant attorney general or
county or district attorney, may:
(1) Subpoena witnesses or matter;
(2) take testimony under oath;
(3) examine or cause to be examined any documentary material of
whatever
nature relevant to such alleged violations or false or misleading information;
and
(4) require attendance during such examination of documentary
material
and take testimony under oath or acknowledgment in respect of any such
documentary material.
(d) If documentary material that the attorney general or county or
district attorney seeks to examine
is located outside of the state of Kansas, the material shall be made
available to the attorney general or county or district attorney at a
convenient location within the state
or the person being investigated shall pay the reasonable and
necessary
expenses for the attorney general, attorney general's legal
representative or county or district attorney to examine the
documentary
material where located. The
attorney general or county or district attorney may designate
representatives, including officials of the
state in which the matter is located, to inspect the matter on the attorney
general's or county or district attorney's behalf, and the attorney
general or county or district attorney may respond to similar requests
from officials of other states.
(e) Service by the attorney general or county or district attorney
of
any notice requiring a person to
file 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, residence
or abode, within or without the state; or
(2) in the manner provided by the code of civil procedure for notice of
the filing of a petition.
(f) The attorney general or county or district attorney may request that
an individual who refuses to comply with the subpoena, on the ground that the
testimony or matter may incriminate the individual, be ordered by the court to
provide the testimony or matter. Except in a prosecution for perjury, an
individual who complies with a court order to provide testimony or matter after
asserting a privilege against self-incrimination to which the individual is
entitled by law may not be subjected to a criminal proceeding or to a civil
penalty with regard to the transaction concerning which the individual is
required to testify or produce relevant matter.
(g) If any person willfully fails or refuses to file any
statement or
report required by this act, or obey any subpoena issued by the attorney
general or county or district attorney, the attorney general
or county or
district attorney, after notice, may apply to the district
court and, after a hearing thereon, the district court may issue an order:
(1) Granting injunctive relief restraining the solicitation of
contributions;
(2) vacating, annulling or suspending the registration, license,
corporate charter or certificate of authority to do business in this state
or revoking or
suspending any other licenses, permits or certificates issued pursuant to
law to such persons which are used to further the allegedly unlawful practice;
or
(3) granting such other relief as may be required, until the person
files 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.
Article 17.--RELIGIOUS, CHARITABLE AND OTHER ORGANIZATIONS
17-1767.Same; investigation and prosecution.
(a) An action for violation of this act may be prosecuted by the
attorney general or county or district attorney.
(b) This act shall not be construed to limit or restrict the exercise
of the powers or the performance of the duties of the attorney general,
county or district attorney which
the attorney general, county or district attorney otherwise is
authorized to exercise or perform under
any other provision of law by statute or otherwise.
(c) If, by the attorney
general's or county or district attorney's own inquiries, or as a result of
complaints, the attorney general or county or district attorney has reason to
believe that any person has engaged in, is engaging in or is about to engage in
an act or practice that violates this act, the attorney general,
deputy attorney general, assistant attorney general or
county or district attorney, may:
(1) Subpoena witnesses or matter;
(2) take testimony under oath;
(3) examine or cause to be examined any documentary material of
whatever
nature relevant to such alleged violations or false or misleading information;
and
(4) require attendance during such examination of documentary
material
and take testimony under oath or acknowledgment in respect of any such
documentary material.
(d) If documentary material that the attorney general or county or
district attorney seeks to examine
is located outside of the state of Kansas, the material shall be made
available to the attorney general or county or district attorney at a
convenient location within the state
or the person being investigated shall pay the reasonable and
necessary
expenses for the attorney general, attorney general's legal
representative or county or district attorney to examine the
documentary
material where located. The
attorney general or county or district attorney may designate
representatives, including officials of the
state in which the matter is located, to inspect the matter on the attorney
general's or county or district attorney's behalf, and the attorney
general or county or district attorney may respond to similar requests
from officials of other states.
(e) Service by the attorney general or county or district attorney
of
any notice requiring a person to
file 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, residence
or abode, within or without the state; or
(2) in the manner provided by the code of civil procedure for notice of
the filing of a petition.
(f) The attorney general or county or district attorney may request that
an individual who refuses to comply with the subpoena, on the ground that the
testimony or matter may incriminate the individual, be ordered by the court to
provide the testimony or matter. Except in a prosecution for perjury, an
individual who complies with a court order to provide testimony or matter after
asserting a privilege against self-incrimination to which the individual is
entitled by law may not be subjected to a criminal proceeding or to a civil
penalty with regard to the transaction concerning which the individual is
required to testify or produce relevant matter.
(g) If any person willfully fails or refuses to file any
statement or
report required by this act, or obey any subpoena issued by the attorney
general or county or district attorney, the attorney general
or county or
district attorney, after notice, may apply to the district
court and, after a hearing thereon, the district court may issue an order:
(1) Granting injunctive relief restraining the solicitation of
contributions;
(2) vacating, annulling or suspending the registration, license,
corporate charter or certificate of authority to do business in this state
or revoking or
suspending any other licenses, permits or certificates issued pursuant to
law to such persons which are used to further the allegedly unlawful practice;
or
(3) granting such other relief as may be required, until the person
files 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.