(1) When necessary to perform his duties or to implement the provisions of this article or the rules and regulations promulgated pursuant thereto, the commissioner or his authorized agent may:
Enter any commercial premises during normal business hours; except that, in theevent such premises are not open to the public, he shall first present his credentials and obtain consent before making entry thereto unless a search warrant has previously been obtained;
Issue stop-use, hold, or removal orders with respect to any weights and measurescommercially used and stop-sale, hold, and removal orders with respect to any packaged commodities or bulk commodities kept, offered, or exposed for sale which do not meet the requirements of this article;
Seize, for use as evidence and without formal warrant, any incorrect or unapprovedweight, measure, package, or commodity found to be used, retained, offered, or exposed for sale or sold in violation of the provisions of this article or any rule or regulation promulgated pursuant thereto;
Stop any commercial vehicle and, after presentment of his credentials, require thatthe person in charge of the vehicle produce any documents in his possession concerning the contents of said vehicle, inspect the contents of such vehicle at the site, and, if necessary, require such person to proceed with the vehicle to some specified place for inspection.
The commissioner may administer oaths and take statements, issue subpoenas requiring the attendance of witnesses before him or her and the production of all books, memoranda, papers, and other documents, articles, or instruments, and compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey any subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as a contempt of court.
If the owner, or the owner's agent, of any commercial premises or vehicle refuses toadmit the commissioner to inspect such premises or vehicle, the commissioner may obtain from the district or county court for the district or county in which such premises or vehicle is located a warrant to enter and inspect such premises or vehicle.
Source: L. 83: Entire article R&RE, p. 1344, § 1, effective July 1. L. 2009: (2) and (3) added, (SB 09-113), ch. 88, p. 328, § 10, effective April 2.
Editor's note: This section is similar to former § 35-14-112 as it existed prior to 1983.