State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_78D > GS_78D-21

Article2.

Administration andEnforcement.

§ 78D‑21. Investigations.

(a)        The Administratormay make investigations, within or without this State, as it finds necessary orappropriate to:

(1)        Determine whetherany person has violated, or is about to violate, any provision of this Chapteror any rule or order of the Administrator; or

(2)        Aid in enforcementof this Chapter.

(b)        The Administratormay publish information concerning any violation of this Chapter or any rule ororder of the Administrator.

(c)        For purposes of anyinvestigation or proceeding under this Chapter, the Administrator or anyofficer or employee designated by rule or order, may administer oaths andaffirmations, subpoena witnesses, compel their attendance, take evidence, andrequire the production of any books, papers, correspondence, memoranda,agreements, or other documents or records which the Administrator finds to berelevant or material to the inquiry.

(d)        (1)        Ifa person does not give testimony or produce the documents required by theAdministrator or a designated employee pursuant to an administrative subpoena,the Administrator or designated employee may apply for a court order compellingcompliance with the subpoena or the giving of the required testimony.

(2)        The request fororder of compliance may be addressed to either:

a.         The Superior Courtof Wake County where service may be obtained on the person refusing to testifyor produce, if the person is within this State; or

b.         The appropriatecourt of the State having jurisdiction over the person refusing to testify orproduce, if the person is outside this State.

(e)        The Administratorin his discretion may appoint commodities law enforcement agents and otherenforcement personnel.

(1)        Subject MatterJurisdiction. – The responsibility of an agent shall be enforcement of thisChapter.

(2)        TerritorialJurisdiction. – A commodities law enforcement agent is a State officer withjurisdiction throughout the State.

(3)        Service of Orders ofthe Administrator. – Commodities law enforcement agents may serve and executenotices, orders, or demands issued by the Administrator for the surrender ofregistrations or relating to any administrative proceeding.  While serving andexecuting such notices, orders, or demands, commodities law enforcement agentsshall have all the power and authority possessed by law enforcement officerswhen executing an arrest warrant. (1989, c. 634, s. 1.)