Other duties of director; suit to enforce chapter.

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§440G-12 Other duties of director; suit to enforce chapter. (a) The director has the power and jurisdiction to supervise and regulate every cable operator within this State so far as may be necessary to carry out the purposes of this chapter, and to do all things which are necessary or convenient in the exercise of this power and jurisdiction.

(b) The director may adopt, pursuant to chapter 91, rules necessary to carry out this chapter.

(c) The director or the director's designated representatives may from time to time visit the places of business and other premises and examine the records and facilities of all cable operators to ascertain if all laws, rules, cable franchise provisions, and orders of the director have been complied with, and shall have the power to examine all officers, agents, and employees of cable operators, and all other persons, under oath, and to compel the production of papers and the attendance of witnesses to obtain the information necessary for administering this chapter.

(d) The director may appoint, without regard to chapter 76, an administrator and one or more attorneys for purposes of enforcing this chapter. The director shall define their powers and duties and fix their compensation. The director may also appoint professional, clerical, stenographic, and other staff as may be necessary for the proper administration and enforcement of this chapter subject to chapter 76.

(e) The director shall have the power and authority to institute all proceedings and investigations, hear all complaints, issue all process and orders, and render all decisions necessary to enforce this chapter or the rules and orders adopted thereunder, or to otherwise accomplish the purposes of this chapter.

(f) The director or other aggrieved party shall have the right to institute, or to intervene as a party in, any action in any court of law seeking a mandamus, or injunctive or other relief to compel compliance with this chapter, or any rule or order adopted thereunder, or to restrain or otherwise prevent or prohibit any illegal or unauthorized conduct in connection therewith. [L 1970, c 112, pt of §1; am L 1971, c 138, §1; gen ch 1985; am L 1987, c 301, §14; am L 1996, c 184, §1; am L 2000, c 253, §150; am L 2006, c 300, §15]


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