Title 10, Chapter 5, Section 11
( 10-5-11)
(a) The commissioner, at his discretion: (1) May make such public or private investigations within or
outside of this state as he deems necessary to determine whether
any person has violated or is about to violate this chapter or any
rule, regulation, or order under this chapter or to aid in the
enforcement of this chapter or in the prescribing of rules and
regulations hereunder; (2) May require or permit any person to file a statement in
writing, under oath or otherwise as the commissioner determines,
as to all the facts and circumstances concerning the matter to be
investigated; and (3) May publish information concerning any violation of this
chapter or any rule, regulation, or order under this chapter. (b)(1) For the purpose of conducting any investigation as provided
in this Code section, the commissioner shall have the power to
administer oaths, to call any party to testify under oath at such
investigations, to require the attendance of witnesses, to require
the production of books, records, and papers, and to take the
depositions of witnesses; and for such purposes the commissioner
is authorized to issue a subpoena for any witness or a subpoena
for the production of documentary evidence. Said subpoenas may be
served by registered or certified mail or statutory overnight
delivery, return receipt requested, to the addressee's business
mailing address or residential address as shown on the Central
Registration Depository or served personally by investigators
appointed by the commissioner or shall be directed for service to
the sheriff of the county where such witness resides or is found
or where the person in custody of any books, records, or papers
resides or is found. The fees and mileage of the sheriff,
witness, or person shall be paid from the funds in the state
treasury for the use of the commissioner in the same manner that
other expenses of the commissioner are paid. (2) The commissioner may issue and apply to enforce subpoenas in
this state at the request of a securities agency or administrator
of another state if the activities constituting an alleged
violation for which the information is sought would be a violation
of this chapter if the activities had occurred in this state. (c) In case of refusal to obey a subpoena issued under any Code
section of this chapter to any person, a superior court of
appropriate jurisdiction, upon application by the commissioner, may
issue to the person an order requiring him to appear before the
court to show cause why he should not be held in contempt for
refusal to obey the subpoena. Failure to obey a subpoena may be
punished by the court as contempt of court. (d)(1) The commissioner may, with the approval of the Attorney
General, issue to any person who has been or may be called to a
hearing or other proceeding under this chapter a written order
requiring the individual to give testimony or provide other
information which he refuses to give or provide on the basis of
his privilege against self-incrimination. Such order shall be
issued only if the commissioner shall find that:
(A) The testimony or other information from such individual may
be in the public interest; and (B) Such individual has refused or is likely to refuse to
testify or provide other information on the basis of his
privilege against self-incrimination. (2) Whenever any witness refuses, on the basis of his privilege
against self-incrimination, to testify or provide other
information at any hearing or other proceeding under this chapter
and the person presiding over the proceeding delivers to the
witness a written order issued under paragraph (1) of this
subsection, the witness may not refuse to comply with the order on
the basis of his privilege against self-incrimination; but no
testimony or other information compelled under the order as to
which the witness could validly assert his privilege against
self-incrimination (or any information directly or indirectly
derived from such testimony or other information) may be used
against the witness in any criminal case, except a prosecution for
perjury, false swearing, giving a false statement to the
commissioner pursuant to this chapter, or otherwise failing to
comply with the order. (e) In the case of any investigation conducted under this Code
section, the commissioner may hold hearings or he may appoint an
investigative agent to conduct the hearings who shall have the same
powers and authority in conducting the hearings as are in this Code
section granted to the commissioner. The agent shall possess such
qualifications as the commissioner may require. A transcript of the
testimony and evidence and objections resulting from such hearings
shall be taken unless waived in writing by all parties present at
the hearings. Copies of the transcript shall be available to all
parties present at the hearing upon payment of a reasonable expense
of reproducing the transcript. All recommendations of the
investigative agent shall be advisory only and shall not have the
effect of an order of the commissioner. (f) In any case where hearings are conducted by an investigative
agent, he shall submit to the commissioner a written report,
including the transcript of the testimony in evidence (if requested
by the commissioner), the findings of the hearing, and a
recommendation of the action to be taken by the commissioner. The
recommendation of the agent shall be approved, modified, or
disapproved by the commissioner. The commissioner may direct an
investigative agent to take additional testimony or permit
introduction of further documentary evidence. (g) In addition to any other hearings and investigations which the
commissioner is authorized or required by this chapter to hold, the
commissioner is also authorized to hold general investigative
hearings on his own motion with respect to any matter under this
chapter. A general investigative hearing as provided for in this
subsection may be conducted by any person designated by the
commissioner for that purpose and may, but need not be, transcribed
by the commissioner or by any other interested party. No formal
action may be taken as a result of such investigative hearing; but
the commissioner may take such action as he deems appropriate, based
on the information developed in the hearing and on any other
information which he may have.
(h) To encourage uniform interpretation and administration of this
chapter and effective securities and investment adviser regulation
and enforcement, the commissioner may cooperate with the securities
agencies or administrators of one or more states, Canadian provinces
or territories, or another country, the Securities and Exchange
Commission, the Commodity Futures Trading Commission, the Securities
Investor Protection Corporation, any self-regulatory organization,
any national or international organization of securities officials
or agencies, and any governmental law enforcement or regulatory
agency. Said cooperation includes, but is not limited to, the
following actions: (1) Making a joint registration examination or investigation; (2) Holding a joint administrative hearing; (3) Filing and prosecuting a joint civil or administrative
proceeding; (4) Sharing and exchanging personnel; (5) Sharing and exchanging information and documents subject to
the restrictions of subsection (i) of this Code section; and (6) Formulating, in accordance with Chapter 13 of Title 50, the
"Georgia Administrative Procedure Act," rules or proposed rules on
matters such as statements of policy, guidelines, and
interpretative opinions and releases. (i) The commissioner may disclose information or documents obtained
in connection with an investigation under this Code section to the
extent provided in this Code section. The commissioner may further
disclose such information if disclosure is for the purpose of a
civil, administrative, or criminal investigation or proceeding. Any
securities agency or law enforcement agency receiving such
information or documents must represent that, under the applicable
law, protections exist to preserve the integrity, confidentiality,
and security of the information. |