State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_93A > GS_93A-6_1

§ 93A‑6.1.  Commissionmay subpoena witnesses, records, documents, or other materials.

(a)        The Commission,Executive Director, or other representative designated by the Commission mayissue a subpoena for the appearance of witnesses deemed necessary to testifyconcerning any matter to be heard before or investigated by the Commission. TheCommission may issue a subpoena ordering any person in possession of records,documents, or other materials, however maintained, that concern any matter tobe heard before or investigated by the Commission to produce the records,documents, or other materials for inspection or deliver the same into thecustody of the Commission's authorized representatives. Upon written request,the Commission shall revoke a subpoena if it finds that the evidence, theproduction of which is required, does not relate to a matter in issue, or ifthe subpoena does not describe with sufficient particularity the evidence, theproduction of which is required, or if for any other reason in law the subpoenais invalid. If any person shall fail to fully and promptly comply with asubpoena issued under this section, the Commission may apply to any judge ofthe superior court resident in any county where the person to whom the subpoenais issued maintains a residence or place of business for an order compellingthe person to show cause why he or she should not be held in contempt of theCommission and its processes. The court shall have the power to imposepunishment for acts that would constitute direct or indirect contempt if theacts occurred in an action pending in superior court.

(b)        The Commissionshall be exempt from the requirements of Chapter 53B of the General Statuteswith regard to subpoenas issued to compel the production of a licensee's trustaccount records held by any financial institution. Notwithstanding thatexemption, the Commission shall serve, pursuant to G.S. 1A‑1, Rule 4(j)of the N.C. Rules of Civil Procedure or by certified mail to the licensee'slast known address, a copy of the subpoena and notice that the subpoena hasbeen served upon the financial institution. Service of the subpoena and noticeon the licensee shall be made within 10 days following service of the subpoenaon the financial institution holding the trust account records. (1999‑229, s. 7; 2005‑395,s. 10.)