Download as PDF
292.460 Investigations and subpoenas.
(1)
(2)
(3)
(4)
The commissioner in his or her discretion:
(a) May make such public or private investigations within or outside of this
state as he deems necessary to determine whether any registration
should be granted, denied, or revoked, or whether any person has
violated or is about to violate any provision of this chapter or any rule or
order under this chapter, or to aid in the enforcement of this chapter or in
the prescribing of rules and forms hereunder;
(b) May require or permit any person to file a statement in writing, under oath
or otherwise as the commissioner may determine, as to all the facts and
circumstances concerning the matter to be investigated; or
(c) May publish information concerning any violation of this chapter or any
rule or order hereunder.
For the purpose of any investigation or proceeding under this chapter, the
commissioner or any officer designated by him may administer oaths and
affirmations, subpoena witnesses, compel their attendance, take evidence, and
require production of any books, papers, correspondence, memoranda,
agreements, or other documents or records which the commissioner deems
relevant or material to the inquiry.
In case of contumacy by, or refusal to obey a subpoena issued to, any person,
any court of competent jurisdiction, upon application by the commissioner, may
issue to that person an order requiring him to appear before the commissioner,
or the officer designated by him, there to produce documentary evidence if so
ordered or to give evidence touching the matter under investigation or in
question; and any failure to obey the order of the court may be punished by the
court as a contempt of court.
No person is excused from attending and 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 the person may tend to incriminate the
person or subject the person to a penalty or forfeiture; but no individual may 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
the privilege against self-incrimination, to testify or produce evidence
(documentary or otherwise), except that the individual so testifying shall not be
exempt from prosecution and punishment for perjury committed in so testifying.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 875, effective July 15, 2010. -Amended 1998 Ky. Acts ch. 20, sec. 18, effective July 15, 1998. -- Amended
1994 Ky. Acts ch. 165, sec. 18, effective July 15, 1994. -- Created 1960 Ky. Acts
ch. 110, sec. 15, effective January 1, 1961.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.