State Codes and Statutes

Statutes > Virginia > Title-3-2 > Chapter-54 > 3-2-5416

§ 3.2-5416. Authority of Commissioner.

The Commissioner shall have power:

1. To gather and compile information concerning and, to investigate theorganization, business, conduct, practices, and management of any personengaged in intrastate commerce, and the relation thereof to other persons; and

2. To require, by general or special orders, persons engaged in intrastatecommerce, or any class of them, or any of them, to file with the Commissionerin such form as the Commissioner may prescribe, annual or special, or bothannual and special, reports or answers in writing to specific questionsfurnishing the Commissioner such information as he may require as to theorganization, business, conduct, practices, management, and relation to otherpersons, of the person filing such reports or answers in writing. Suchreports and answers shall be made under oath, or otherwise, as theCommissioner may prescribe, and shall be filed with the Commissioner withinsuch reasonable period as the Commissioner may prescribe, unless additionaltime be granted in any case by the Commissioner.

a. For the purpose of this chapter the Commissioner shall at all reasonabletimes have access to, for the purpose of examination, and the right to copyany documentary evidence of any person being investigated or proceededagainst, and may require by subpoena the attendance and testimony ofwitnesses and the production of all documentary evidence of any personrelating to any matter under investigation. The Commissioner may signsubpoenas and may administer oaths and affirmations, examine witnesses, andreceive evidence.

b. Such attendance of witnesses, and the production of such documentaryevidence, may be required at any designated place of hearing. In case ofdisobedience to a subpoena, the Commissioner may invoke the aid of anappropriate circuit court to require the attendance and testimony ofwitnesses and the production of documentary evidence.

c. Any circuit court within the jurisdiction where such inquiry is carried onmay, in case of contumacy or refusal to obey a subpoena issued to any person,issue an order requiring such person to appear before the Commissioner or toproduce documentary evidence if so ordered, or to give evidence touching thematter in question; and any failure to obey such order of the court may bepunished by such court as a contempt thereof.

d. The Commissioner may order testimony to be taken by deposition in anyproceeding or investigation pending under this chapter at any stage of suchproceeding or investigation. Such depositions may be taken before any persondesignated by the Commissioner and having the power to administer oaths. Suchtestimony shall be reduced to writing by the person taking the deposition, orunder his direction and shall then be subscribed by the deponent. Any personmay be compelled to appear and depose and to produce documentary evidencebefore the Commissioner as hereinbefore provided.

e. Witnesses summoned before the Commissioner shall be paid the same fees andmileage that are paid witnesses in the courts of the Commonwealth, andwitnesses whose depositions are taken and the persons taking the same shallseverally be entitled to the same fees as are paid for the like services insuch courts.

f. No person shall be excused from attending and testifying or from producingbooks, papers, schedules of charges, contracts, agreements, or otherdocumentary evidence before the Commissioner or in obedience to the subpoenaof the Commissioner, whether such subpoena be signed or issued by him or hisdelegate, or in any cause or proceeding, criminal or otherwise, based upon orgrowing out of any alleged violation of this chapter, or of any amendmentsthereto, on the ground or for the reason that the testimony or evidence,documentary or otherwise, required of him or it may tend to incriminate himor it or subject him or it to a penalty or forfeiture; but no individualshall be prosecuted or subjected to a penalty or forfeiture for or on accountof any transaction, matter, or thing concerning which he is compelled, afterhaving claimed his privilege against self-incrimination, to testify orproduce evidence, documentary or otherwise, except that any individual sotestifying shall not be exempt from prosecution and punishment for perjurycommitted in so testifying.

g. Any person that shall refuse to attend and testify or to answer any lawfulinquiry, or to produce documentary evidence, if in his or its power to do so,in obedience to the subpoena of the Commissioner is guilty of a Class 1misdemeanor.

h. Any person that shall willfully make, or cause to be made, any false entryor statement of fact in any report required to be made under this chapter, orthat shall willfully make, or cause to be made, any false entry in anyaccount, record, or memorandum kept by any person subject to this chapter orthat shall willfully neglect or fail to make or to cause to be made, full,true, and correct entries in such accounts, records, or memoranda, of allfacts and transactions appertaining to the business of such person or thatshall willfully remove out of the jurisdiction of the Commonwealth, orwillfully mutilate, alter or by any other means falsify any documentaryevidence of any person subject to this chapter or that shall willfully refuseto submit to the Commissioner, for the purpose of inspection and takingcopies, any documentary evidence of any person subject to this chapter in hispossession or within his control, is guilty of a Class 6 felony.

i. If any person required by this chapter to file any annual or specialreport shall fail so to do within the time fixed by the Commissioner forfiling the same, and such failure shall continue for 30 days after notice ofsuch default, such person shall forfeit to the Commonwealth the sum of $100for each and every day of the continuance of such failure, which forfeitureshall be payable into the treasury of the Commonwealth, and shall berecoverable in a civil suit in the name of the Commonwealth brought in thecity or county where the person has his principal office or in any city orcounty where he shall do business. It shall be the duty of the AttorneyGeneral to prosecute for the recovery of such forfeitures. The costs andexpenses of such prosecution shall be paid out of the appropriation for theexpenses of the Department.

j. Any officer or employee of the Commonwealth who shall make public anyinformation obtained by the Commissioner, without his authority, unlessdirected by a court, is guilty of a Class 1 misdemeanor.

(1970, c. 290, § 3.1-884.32; 2008, c. 860.)

State Codes and Statutes

Statutes > Virginia > Title-3-2 > Chapter-54 > 3-2-5416

§ 3.2-5416. Authority of Commissioner.

The Commissioner shall have power:

1. To gather and compile information concerning and, to investigate theorganization, business, conduct, practices, and management of any personengaged in intrastate commerce, and the relation thereof to other persons; and

2. To require, by general or special orders, persons engaged in intrastatecommerce, or any class of them, or any of them, to file with the Commissionerin such form as the Commissioner may prescribe, annual or special, or bothannual and special, reports or answers in writing to specific questionsfurnishing the Commissioner such information as he may require as to theorganization, business, conduct, practices, management, and relation to otherpersons, of the person filing such reports or answers in writing. Suchreports and answers shall be made under oath, or otherwise, as theCommissioner may prescribe, and shall be filed with the Commissioner withinsuch reasonable period as the Commissioner may prescribe, unless additionaltime be granted in any case by the Commissioner.

a. For the purpose of this chapter the Commissioner shall at all reasonabletimes have access to, for the purpose of examination, and the right to copyany documentary evidence of any person being investigated or proceededagainst, and may require by subpoena the attendance and testimony ofwitnesses and the production of all documentary evidence of any personrelating to any matter under investigation. The Commissioner may signsubpoenas and may administer oaths and affirmations, examine witnesses, andreceive evidence.

b. Such attendance of witnesses, and the production of such documentaryevidence, may be required at any designated place of hearing. In case ofdisobedience to a subpoena, the Commissioner may invoke the aid of anappropriate circuit court to require the attendance and testimony ofwitnesses and the production of documentary evidence.

c. Any circuit court within the jurisdiction where such inquiry is carried onmay, in case of contumacy or refusal to obey a subpoena issued to any person,issue an order requiring such person to appear before the Commissioner or toproduce documentary evidence if so ordered, or to give evidence touching thematter in question; and any failure to obey such order of the court may bepunished by such court as a contempt thereof.

d. The Commissioner may order testimony to be taken by deposition in anyproceeding or investigation pending under this chapter at any stage of suchproceeding or investigation. Such depositions may be taken before any persondesignated by the Commissioner and having the power to administer oaths. Suchtestimony shall be reduced to writing by the person taking the deposition, orunder his direction and shall then be subscribed by the deponent. Any personmay be compelled to appear and depose and to produce documentary evidencebefore the Commissioner as hereinbefore provided.

e. Witnesses summoned before the Commissioner shall be paid the same fees andmileage that are paid witnesses in the courts of the Commonwealth, andwitnesses whose depositions are taken and the persons taking the same shallseverally be entitled to the same fees as are paid for the like services insuch courts.

f. No person shall be excused from attending and testifying or from producingbooks, papers, schedules of charges, contracts, agreements, or otherdocumentary evidence before the Commissioner or in obedience to the subpoenaof the Commissioner, whether such subpoena be signed or issued by him or hisdelegate, or in any cause or proceeding, criminal or otherwise, based upon orgrowing out of any alleged violation of this chapter, or of any amendmentsthereto, on the ground or for the reason that the testimony or evidence,documentary or otherwise, required of him or it may tend to incriminate himor it or subject him or it to a penalty or forfeiture; but no individualshall be prosecuted or subjected to a penalty or forfeiture for or on accountof any transaction, matter, or thing concerning which he is compelled, afterhaving claimed his privilege against self-incrimination, to testify orproduce evidence, documentary or otherwise, except that any individual sotestifying shall not be exempt from prosecution and punishment for perjurycommitted in so testifying.

g. Any person that shall refuse to attend and testify or to answer any lawfulinquiry, or to produce documentary evidence, if in his or its power to do so,in obedience to the subpoena of the Commissioner is guilty of a Class 1misdemeanor.

h. Any person that shall willfully make, or cause to be made, any false entryor statement of fact in any report required to be made under this chapter, orthat shall willfully make, or cause to be made, any false entry in anyaccount, record, or memorandum kept by any person subject to this chapter orthat shall willfully neglect or fail to make or to cause to be made, full,true, and correct entries in such accounts, records, or memoranda, of allfacts and transactions appertaining to the business of such person or thatshall willfully remove out of the jurisdiction of the Commonwealth, orwillfully mutilate, alter or by any other means falsify any documentaryevidence of any person subject to this chapter or that shall willfully refuseto submit to the Commissioner, for the purpose of inspection and takingcopies, any documentary evidence of any person subject to this chapter in hispossession or within his control, is guilty of a Class 6 felony.

i. If any person required by this chapter to file any annual or specialreport shall fail so to do within the time fixed by the Commissioner forfiling the same, and such failure shall continue for 30 days after notice ofsuch default, such person shall forfeit to the Commonwealth the sum of $100for each and every day of the continuance of such failure, which forfeitureshall be payable into the treasury of the Commonwealth, and shall berecoverable in a civil suit in the name of the Commonwealth brought in thecity or county where the person has his principal office or in any city orcounty where he shall do business. It shall be the duty of the AttorneyGeneral to prosecute for the recovery of such forfeitures. The costs andexpenses of such prosecution shall be paid out of the appropriation for theexpenses of the Department.

j. Any officer or employee of the Commonwealth who shall make public anyinformation obtained by the Commissioner, without his authority, unlessdirected by a court, is guilty of a Class 1 misdemeanor.

(1970, c. 290, § 3.1-884.32; 2008, c. 860.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-3-2 > Chapter-54 > 3-2-5416

§ 3.2-5416. Authority of Commissioner.

The Commissioner shall have power:

1. To gather and compile information concerning and, to investigate theorganization, business, conduct, practices, and management of any personengaged in intrastate commerce, and the relation thereof to other persons; and

2. To require, by general or special orders, persons engaged in intrastatecommerce, or any class of them, or any of them, to file with the Commissionerin such form as the Commissioner may prescribe, annual or special, or bothannual and special, reports or answers in writing to specific questionsfurnishing the Commissioner such information as he may require as to theorganization, business, conduct, practices, management, and relation to otherpersons, of the person filing such reports or answers in writing. Suchreports and answers shall be made under oath, or otherwise, as theCommissioner may prescribe, and shall be filed with the Commissioner withinsuch reasonable period as the Commissioner may prescribe, unless additionaltime be granted in any case by the Commissioner.

a. For the purpose of this chapter the Commissioner shall at all reasonabletimes have access to, for the purpose of examination, and the right to copyany documentary evidence of any person being investigated or proceededagainst, and may require by subpoena the attendance and testimony ofwitnesses and the production of all documentary evidence of any personrelating to any matter under investigation. The Commissioner may signsubpoenas and may administer oaths and affirmations, examine witnesses, andreceive evidence.

b. Such attendance of witnesses, and the production of such documentaryevidence, may be required at any designated place of hearing. In case ofdisobedience to a subpoena, the Commissioner may invoke the aid of anappropriate circuit court to require the attendance and testimony ofwitnesses and the production of documentary evidence.

c. Any circuit court within the jurisdiction where such inquiry is carried onmay, in case of contumacy or refusal to obey a subpoena issued to any person,issue an order requiring such person to appear before the Commissioner or toproduce documentary evidence if so ordered, or to give evidence touching thematter in question; and any failure to obey such order of the court may bepunished by such court as a contempt thereof.

d. The Commissioner may order testimony to be taken by deposition in anyproceeding or investigation pending under this chapter at any stage of suchproceeding or investigation. Such depositions may be taken before any persondesignated by the Commissioner and having the power to administer oaths. Suchtestimony shall be reduced to writing by the person taking the deposition, orunder his direction and shall then be subscribed by the deponent. Any personmay be compelled to appear and depose and to produce documentary evidencebefore the Commissioner as hereinbefore provided.

e. Witnesses summoned before the Commissioner shall be paid the same fees andmileage that are paid witnesses in the courts of the Commonwealth, andwitnesses whose depositions are taken and the persons taking the same shallseverally be entitled to the same fees as are paid for the like services insuch courts.

f. No person shall be excused from attending and testifying or from producingbooks, papers, schedules of charges, contracts, agreements, or otherdocumentary evidence before the Commissioner or in obedience to the subpoenaof the Commissioner, whether such subpoena be signed or issued by him or hisdelegate, or in any cause or proceeding, criminal or otherwise, based upon orgrowing out of any alleged violation of this chapter, or of any amendmentsthereto, on the ground or for the reason that the testimony or evidence,documentary or otherwise, required of him or it may tend to incriminate himor it or subject him or it to a penalty or forfeiture; but no individualshall be prosecuted or subjected to a penalty or forfeiture for or on accountof any transaction, matter, or thing concerning which he is compelled, afterhaving claimed his privilege against self-incrimination, to testify orproduce evidence, documentary or otherwise, except that any individual sotestifying shall not be exempt from prosecution and punishment for perjurycommitted in so testifying.

g. Any person that shall refuse to attend and testify or to answer any lawfulinquiry, or to produce documentary evidence, if in his or its power to do so,in obedience to the subpoena of the Commissioner is guilty of a Class 1misdemeanor.

h. Any person that shall willfully make, or cause to be made, any false entryor statement of fact in any report required to be made under this chapter, orthat shall willfully make, or cause to be made, any false entry in anyaccount, record, or memorandum kept by any person subject to this chapter orthat shall willfully neglect or fail to make or to cause to be made, full,true, and correct entries in such accounts, records, or memoranda, of allfacts and transactions appertaining to the business of such person or thatshall willfully remove out of the jurisdiction of the Commonwealth, orwillfully mutilate, alter or by any other means falsify any documentaryevidence of any person subject to this chapter or that shall willfully refuseto submit to the Commissioner, for the purpose of inspection and takingcopies, any documentary evidence of any person subject to this chapter in hispossession or within his control, is guilty of a Class 6 felony.

i. If any person required by this chapter to file any annual or specialreport shall fail so to do within the time fixed by the Commissioner forfiling the same, and such failure shall continue for 30 days after notice ofsuch default, such person shall forfeit to the Commonwealth the sum of $100for each and every day of the continuance of such failure, which forfeitureshall be payable into the treasury of the Commonwealth, and shall berecoverable in a civil suit in the name of the Commonwealth brought in thecity or county where the person has his principal office or in any city orcounty where he shall do business. It shall be the duty of the AttorneyGeneral to prosecute for the recovery of such forfeitures. The costs andexpenses of such prosecution shall be paid out of the appropriation for theexpenses of the Department.

j. Any officer or employee of the Commonwealth who shall make public anyinformation obtained by the Commissioner, without his authority, unlessdirected by a court, is guilty of a Class 1 misdemeanor.

(1970, c. 290, § 3.1-884.32; 2008, c. 860.)