HARRY HUGHES, Governor

2225

(I)  DETERMINE WHETHER ANY PERSON HAS
VIOLATED ANY PROVISION OF THIS SUBTITLE OR ANY RULE,
REGULATION, OR ORDER UNDER THIS SUBTITLE; OR

(II)  AID IN THE ENFORCEMENT OF THIS
SUBTITLE OR IN THE PRESCRIBING OF RULES AND FORMS UNDER THIS
SUBTITLE.

(3)  REQUIRE OR PERMIT ANY PERSON TO FILE A
STATEMENT IN WRITING UNDER OATH OR OTHERWISE AS THE
COMMISSIONER DETERMINES, AS TO ALL THE FACTS AND
CIRCUMSTANCES CONCERNING THE MATTER TO BE INVESTIGATED; AND

(4)  PUBLISH INFORMATION CONCERNING ANY VIOLATION
OF THIS SUBTITLE.

(B)  FOR THE PURPOSE OF ANY INVESTIGATION OR PROCEEDING
UNDER THIS SUBTITLE, THE COMMISSIONER OR ANY OFFICER
DESIGNATED BY HIM MAY ADMINISTER OATHS AND AFFIRMATIONS,
SUBPOENA WITNESSES, COMPEL THEIR ATTENDANCE, TAKE EVIDENCE,
AND REQUIRE THE PRODUCTION OF ANY BOOKS, PAPERS,
CORRESPONDENCE, MEMORANDA, AGREEMENTS, OR OTHER DOCUMENTS OR
RECORDS WHICH THE COMMISSIONER CONSIDERS RELEVANT OR
MATERIAL TO THE INQUIRY.

(1)  IN CASE OF CONTUMACY OR REFUSAL TO OBEY A
SUBPOENA ISSUED TO ANY PERSON, THE CIRCUIT COURT OF THE
JURISDICTION IN WHICH THE PERSON RESIDES OR TRANSACTS
BUSINESS, ON APPLICATION BY THE COMMISSIONER, MAY ISSUE TO
THE PERSON AN ORDER REQUIRING HIM TO PRODUCE DOCUMENTARY
EVIDENCE IF SO ORDERED OR TO GIVE EVIDENCE TOUCHING THE
MATTER UNDER INVESTIGATION OR IN QUESTION.

(2)  FAILURE TO OBEY THE ORDER OF THE COURT MAY
BE PUNISHED BY THE COURT AS A CONTEMPT OF COURT.

(C)  A PERSON IS NOT EXCUSED FROM ATTENDING,
TESTIFYING, OR FROM PRODUCING ANY DOCUMENT OR RECORD BEFORE
THE COMMISSIONER, OR IN OBEDIENCE TO THE SUBPOENA OF THE
COMMISSIONER OR ANY OFFICER DESIGNATED BY HIM, OR IN ANY
PROCEEDING INSTITUTED BY THE COMMISSIONER, ON THE GROUND
THAT THE TESTIMONY OR EVIDENCE, DOCUMENTARY OR OTHERWISE,
REQUIRED OF HIM MAY TEND TO INCRIMINATE HIM OR SUBJECT HIM
TO A PENALTY OR FORFEITURE. HOWEVER, AN INDIVIDUAL MAY NOT
BE PROSECUTED OR SUBJECTED TO ANY PENALTY OR FORFEITURE FOR
OR ON ACCOUNT OF ANY TRANSACTION, MATTER, OR THING
CONCERNING WHICH HE IS COMPELLED, AFTER CLAIMING HIS
PRIVILEGE AGAINST SELF-INCRIMINATION, TO TESTIFY OR PRODUCE
EVIDENCE, DOCUMENTARY OR OTHERWISE, EXCEPT THAT THE
INDIVIDUAL TESTIFYING IS NOT EXEMPT FROM PROSECUTION AND
PUNISHMENT OR CONTEMPT COMMITTED IN TESTIFYING.

[365.

If the Commissioner decides the offer of any franchise
exempt from registration is being, or has been, offered for