State Codes and Statutes

Statutes > Kansas > Chapter58 > Article33 > Statutes_22821

58-3311

Chapter 58.--PERSONAL AND REAL PROPERTY
Part 6.--MISCELLANEOUS PROVISIONS
Article 33.--UNIFORM LAND SALES PRACTICES ACT

      58-3311.   Investigations and proceedings.(a) The commissioner may:

      (1)   Make the necessary public or private investigations within oroutside of this state to determine whether any person has violated or isabout to violate this act or any rule or regulation or order hereunder, or to aid in theenforcement of this act or in the prescribing of rules and regulations andforms hereunder;

      (2)   require or permit any person to file a statement in writing, underoath or otherwise as the commissioner determines, as to all the facts andcircumstances concerning the matter to be investigated.

      (b)   For the purpose of any investigation or proceeding under this act,the commissioner or any officer designated by the commissioner may administer oaths oraffirmations, and upon his or her own motion or upon request of any party shallsubpoena witnesses, compel their attendance, take evidence, and require theproduction of any matter which is relevant to the investigation, includingthe existence, description, nature, custody, condition, and location of anybooks, documents, or other tangible things and the identity and location ofpersons having knowledge of relevant facts or any other matter reasonablycalculated to lead to the discovery of material evidence.

      (c)   Upon failure to obey a subpoena or to answer questions propounded bythe investigating officer and upon reasonable notice to all personsaffected thereby, the commissioner may apply to the district court for an ordercompelling compliance.

      History:   L. 1967, ch. 311, § 11; L. 1976, ch. 241, § 10; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter58 > Article33 > Statutes_22821

58-3311

Chapter 58.--PERSONAL AND REAL PROPERTY
Part 6.--MISCELLANEOUS PROVISIONS
Article 33.--UNIFORM LAND SALES PRACTICES ACT

      58-3311.   Investigations and proceedings.(a) The commissioner may:

      (1)   Make the necessary public or private investigations within oroutside of this state to determine whether any person has violated or isabout to violate this act or any rule or regulation or order hereunder, or to aid in theenforcement of this act or in the prescribing of rules and regulations andforms hereunder;

      (2)   require or permit any person to file a statement in writing, underoath or otherwise as the commissioner determines, as to all the facts andcircumstances concerning the matter to be investigated.

      (b)   For the purpose of any investigation or proceeding under this act,the commissioner or any officer designated by the commissioner may administer oaths oraffirmations, and upon his or her own motion or upon request of any party shallsubpoena witnesses, compel their attendance, take evidence, and require theproduction of any matter which is relevant to the investigation, includingthe existence, description, nature, custody, condition, and location of anybooks, documents, or other tangible things and the identity and location ofpersons having knowledge of relevant facts or any other matter reasonablycalculated to lead to the discovery of material evidence.

      (c)   Upon failure to obey a subpoena or to answer questions propounded bythe investigating officer and upon reasonable notice to all personsaffected thereby, the commissioner may apply to the district court for an ordercompelling compliance.

      History:   L. 1967, ch. 311, § 11; L. 1976, ch. 241, § 10; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter58 > Article33 > Statutes_22821

58-3311

Chapter 58.--PERSONAL AND REAL PROPERTY
Part 6.--MISCELLANEOUS PROVISIONS
Article 33.--UNIFORM LAND SALES PRACTICES ACT

      58-3311.   Investigations and proceedings.(a) The commissioner may:

      (1)   Make the necessary public or private investigations within oroutside of this state to determine whether any person has violated or isabout to violate this act or any rule or regulation or order hereunder, or to aid in theenforcement of this act or in the prescribing of rules and regulations andforms hereunder;

      (2)   require or permit any person to file a statement in writing, underoath or otherwise as the commissioner determines, as to all the facts andcircumstances concerning the matter to be investigated.

      (b)   For the purpose of any investigation or proceeding under this act,the commissioner or any officer designated by the commissioner may administer oaths oraffirmations, and upon his or her own motion or upon request of any party shallsubpoena witnesses, compel their attendance, take evidence, and require theproduction of any matter which is relevant to the investigation, includingthe existence, description, nature, custody, condition, and location of anybooks, documents, or other tangible things and the identity and location ofpersons having knowledge of relevant facts or any other matter reasonablycalculated to lead to the discovery of material evidence.

      (c)   Upon failure to obey a subpoena or to answer questions propounded bythe investigating officer and upon reasonable notice to all personsaffected thereby, the commissioner may apply to the district court for an ordercompelling compliance.

      History:   L. 1967, ch. 311, § 11; L. 1976, ch. 241, § 10; July 1.