2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 523I - IOWA CEMETERY ACT
523I.202 - INVESTIGATIONS AND SUBPOENAS.

        523I.202  INVESTIGATIONS AND SUBPOENAS.
         1.  The commissioner may, for the purpose of discovering a
      violation of this chapter or implementing rules or orders issued
      under this chapter, do any of the following:
         a.  Make such public or private investigations within or
      outside of this state as the commissioner deems necessary to
      determine whether any person has violated or is about to violate this
      chapter, or implementing rules or orders issued under this chapter,
      or to aid in the enforcement of this chapter, or in the prescribing
      of rules and forms under this chapter.
         b.  Require or permit any person to file a statement in
      writing, under oath or otherwise as the commissioner or attorney
      general determines, as to all the facts and circumstances concerning
      the matter being investigated.
         c.  Notwithstanding chapter 22, keep confidential the
      information obtained in the course of an investigation.  However, if
      the commissioner determines that it is necessary or appropriate in
      the public interest or for the protection of the public, the
      commissioner may share information with other administrators,
      regulatory authorities, or governmental agencies, or may publish
      information concerning a violation of this chapter, or implementing
      rules or orders issued under this chapter.
         d.  Investigate a cemetery and examine the books, accounts,
      papers, correspondence, memoranda, purchase agreements, files, or
      other documents or records of the cemetery.
         e.  Administer oaths and affirmations, subpoena witnesses,
      compel their attendance, take evidence, and require the production of
      any books, accounts, papers, correspondence, memoranda, purchase
      agreements, files, or other documents or records which the
      commissioner deems relevant or material to any investigation or
      proceeding under this chapter and implement rules, all of which may
      be enforced under chapter 17A.
         f.  Apply to the district court for an order requiring a
      person's appearance before the commissioner or attorney general, or a
      designee of either or both, in cases where the person has refused to
      obey a subpoena issued by the commissioner or attorney general.  The
      person may also be required to produce documentary evidence germane
      to the subject of the investigation.  Failure to obey a court order
      under this subsection constitutes contempt of court.
         2.  The commissioner may issue and bring an action in district
      court to enforce subpoenas within this state at the request of an
      agency or administrator of another state, if the activity
      constituting an alleged violation for which the information is sought
      would be a violation of this chapter had the activity occurred in
      this state.  

         2005 Acts, ch 128, §10