2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 523C - RESIDENTIAL SERVICE CONTRACTS
523C.23 - INVESTIGATIONS AND SUBPOENAS.

        523C.23  INVESTIGATIONS AND SUBPOENAS.
         1. a.  In enforcing this chapter, the commissioner may conduct
      a public or private investigation in order to do any of the
      following:
         (1)  Determine whether a person has violated or is about to
      violate a provision of this chapter or a rule or order under this
      chapter.
         (2)  Aid in the enforcement of this chapter or in the prescribing
      of rules and forms under this chapter.
         b.  In carrying out this subsection, the commissioner may do
      all of the following:
         (1)  Conduct the investigation within or outside of this state.
         (2)  Require or allow a person to file a statement in writing
      regarding the facts or circumstances concerning a matter to be
      investigated.  The commissioner may require that the statement be
      made under oath.
         (3)  Apply to the district court for the issuance of an order
      requiring a person's appearance before the commissioner or the
      attorney general.  The person may also be required to produce
      documentary evidence germane to the subject of the investigation.
      The failure to obey an order under this subsection constitutes
      contempt of court.
         c.  Information obtained in the course of an investigation is
      confidential as provided in section 22.7.  However, upon a
      determination that disclosure of the information is necessary or
      appropriate in the public interest or for the protection of
      consumers, the commissioner may do any of the following:
         (1)  Share information obtained during the course of the
      investigation with another regulatory authority or government agency.

         (2)  Publish information obtained during the course of the
      investigation which concerns a violation of this chapter or a rule or
      order under this chapter.
         2.  Except as provided in section 523C.19, a proceeding instituted
      under this chapter shall be conducted pursuant to chapter 17A and
      rules adopted by the commissioner pursuant to chapter 17A.
         3.  In an investigation or proceeding conducted under this
      chapter, the commissioner or any designee of the commissioner may
      administer oaths and affirmations, subpoena witnesses, compel their
      attendance, take evidence, and require the production of any records
      which the commissioner deems relevant or material to the inquiry.
         4.  A person is not excused from attending and testifying or from
      producing a document or record before the commissioner or in
      obedience to a subpoena of the commissioner or an officer designated
      by the commissioner, or in a proceeding instituted by the
      commissioner, on the grounds that the testimony or evidence,
      documentary or otherwise, required of the person may tend to
      incriminate or subject the person to a penalty or forfeiture.
      However, a person shall not be prosecuted or subjected to any penalty
      or forfeiture due to a transaction or matter about which the person
      is compelled, after claiming privilege against self-incrimination, to
      testify or produce evidence, documentary or otherwise.  The person
      testifying, however, is not exempt from prosecution and punishment
      for perjury or contempt committed while testifying.  

         2000 Acts, ch 1147, §31
         Referred to in § 22.7