Enforcement of chapter; investigation

Checkout our iOS App for a better way to browser and research.

  • (a) The Commissioner shall have the power to enforce the provisions of this chapter irrespective of the place or location in which said violation occurred and upon complaint of any person or on its own initiative to cause to be investigated any violation thereof or to cause to be investigated the business and business methods of any licensee, applicant or employee thereof.

  • (b) In any such investigation caused to be made by the Commissioner each such licensee, applicant or employee thereof shall be obliged to submit information as to his business practices or methods. For purposes of enforcing the provisions of this chapter and in making investigations relating to any violation thereof, and for the purposes of investigating the character, competence or integrity of any such applicant, licensee or employee thereof, and for purposes of investigating practices and business methods thereof the Commissioner shall have the power to subpoena and bring before him any person in the Virgin Islands and may require the production of any papers he deems necessary, but with written permission of the client whose case file is to be examined if the papers relate to a client, and administer oaths and take depositions of any such persons as subpoenaed. Any person duly subpoenaed who fails or refuses to be examined or to answer any legal or pertinent question as to his qualifications or the business methods or business practices of any such person under investigation by the Commissioner shall be guilty of a misdemeanor and upon conviction shall be sentenced to pay a fine of not more than $100. In the event that a person refuses to answer a question or produce evidence of any other kind on the ground that he may be incriminated thereby, or in the case of contumacy or refusal to obey a subpoena issued to any person, the District Court of the Virgin Islands, upon application of the Commissioner through the Attorney General, shall have jurisdiction to issue to such person an order requiring such person to appear before the Commissioner or his duly authorized representative or representatives to produce evidence as so ordered, or to give testimony concerning the matter under investigation or in question. Any failure to obey such order of the court may be punished by the court as a contempt thereof.

  • (c) Within thirty (30) days after the effective date of this chapter, the Commissioner shall designate an advisory council to be composed of three members, who shall each serve a term of one year subject to reappointment by the Commissioner. Said advisory council shall insofar as possible be geographical. No member of the council shall be a licensee under this chapter. The council shall organize, elect a chairman and thereafter meet upon call of the chairman through the Commissioner. The council shall counsel and advise with the Commissioner and make recommendations relative to the operation and regulation of the industry. Such advisory council members as are appointed by the Commissioner shall serve without pay; however, Government per diem and travel allowances may be claimed for attendance at officially called meetings of the council as provided.


Download our app to see the most-to-date content.