Investigatory powers and proceedings of division.

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  • (1) The division may:
    • (a) conduct a public or private investigation to determine whether a person has violated or is about to violate a provision of this chapter; and
    • (b) require or allow a person to file a written statement with the division that relates to the facts and circumstances concerning a matter to be investigated.
  • (2) For the purpose of an investigation or proceeding under this chapter, the division may:
    • (a) administer oaths or affirmations; and
    • (b) upon the division's own initiative or upon the request of any party:
      • (i) subpoena a witness;
      • (ii) compel a witness's attendance;
      • (iii) take evidence; or
      • (iv) require the production, within 10 business days, of any information or item that is relevant to the investigation, including:
        • (A) the existence, description, nature, custody, condition, and location of any books, electronic records, documents, or other tangible records;
        • (B) the identity and location of any person who has knowledge of relevant facts; or
        • (C) any other information or item that is reasonably calculated to lead to the discovery of material evidence.
  • (3) If a person fails to obey a subpoena or other request made in accordance with this section, the division may file an action in district court for an order compelling compliance.




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