Title 10, Chapter 5A, Section 20
( 10-5A-20)
(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 under this chapter; (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. Such subpoenas may be
served by registered or certified mail or statutory overnight
delivery, return receipt requested, to the addressee's business
mailing address or 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 commissioner
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 any 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) 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 granted to
the Commissioner in this Code section. 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 the 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. (e) In any case where a hearing is 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. (f) In addition to any other hearings and investigations which the
Commissioner is authorized or required to hold by this chapter, 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. (g) The Commissioner may disclose information obtained in connection
with an investigation under this Code section to the extent provided
in this Code section and if disclosure is for the purpose of a
civil, administrative, or criminal investigation or proceeding by a
securities agency or law enforcement agency and the receiving agency
represents that, under the applicable law, protections exist to
preserve the integrity, confidentiality, and security of the
information. |