Title 26, Chapter 2, Section 81
( 26-2-81)
(a) The Commissioner shall also have power: (1) To gather and compile information concerning and to
investigate from time to time the organization, business, conduct,
practices, and management of any person, firm, or corporation
subject to this article and the relation thereof to other persons,
firms, and corporations; and (2) To require, by regulation, persons, firms, and corporations
subject to this article, or any class of them, to file with the
Commissioner, in such form as he may prescribe, annual or special,
or both annual and special, reports or answers in writing to
specific questions, furnishing to the Commissioner such
information as he may require as to the organization, business,
conduct, practices, management, and relation to other persons,
firms, and corporations of the person, firm, or corporation filing
such reports or answers in writing. Such reports and answers shall
be made under oath, or otherwise as the Commissioner may
prescribe, and shall be filed with the Commissioner within such
reasonable period as he may prescribe, unless additional time is
granted in any case by the Commissioner. (b) For the purposes of this article, the Commissioner shall at all
reasonable times have access to, for the purpose of examination, and
the right to copy any documentary evidence of any person, firm, or
corporation being investigated or proceeded against and may require
by subpoena the attendance and testimony of witnesses and the
production of all documentary evidence of any person, firm, or
corporation relating to any matter under investigation. The
Commissioner, hearing officer, or other designate may sign subpoenas
and may administer oaths and affirmations, examine witnesses, and
receive evidence. (1) The attendance of witnesses and the production of documentary
evidence may be required at any designated place of hearing. In
case of disobedience to a subpoena, the Commissioner may apply to
the superior court for an order requiring the attendance and
testimony of witnesses and the production of documentary evidence. (2) The appropriate superior court may, in case of contumacy or
refusal to obey a subpoena issued to any person, firm, or
corporation, issue an order requiring such person, firm, or
corporation to appear before the Commissioner, or to produce
documentary evidence if so ordered, or to give evidence touching
the matter in question; and any failure to obey the order of the
court may be punished by such court as a contempt thereof. (c)(1)(A) It shall be unlawful for any person, firm, or
corporation willfully to: (i) Make, or cause to be made, any false entry or statement of
fact in any report required to be made under this article; (ii) Make, or cause to be made, any false entry in any
account, record, or memorandum kept by any person, firm, or
corporation subject to this article; (iii) Neglect or fail to make, or cause to be made, full,
true, and correct entries in such accounts, records, or
memoranda of all facts and transactions appertaining to the
business of such person, firm, or corporation; (iv) Remove out of the jurisdiction of this state or mutilate,
alter, or by any other means falsify or conceal any
documentary evidence of any such person, firm, or corporation;
or (v) Refuse to submit to the Commissioner or to any of his
authorized agents, for the purpose of inspection and taking
copies, any documentary evidence of any such person, firm, or
corporation in his possession or within his control. (B) Any person or the officers or agents of any firm or
corporation who violates this subsection shall, upon conviction,
be punished by imprisonment of not more than three years or by a
fine not to exceed $5,000.00, or both. (2) If any person, firm, or corporation required by this article
to file any annual or special report fails so to do within the
time fixed by the Commissioner for filing the report and such
failure shall continue for 30 days after notice of such default,
such person, firm, or corporation shall forfeit to this state the
sum of $100.00 for each and every day of the continuance of such
failure, which forfeiture shall be payable into the state treasury
and shall be recoverable in a civil action in the name of the
state brought in the county where the person, firm, or corporation
has his or its principal office or in any county in which he or it
shall do business. It shall be the duty of the Attorney General to
prosecute for the recovery of such forfeitures. (3) Information obtained by the Commissioner pursuant to the
authority of this article shall not be made public by any officer
or employee of this state without the authorization of the
Commissioner. Such information and records shall not be subject to
Article 4 of Chapter 18 of Title 50, providing for the inspection
of public records. |