2015 Delaware Code
Title 24 - Professions and Occupations
CHAPTER 13. PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES
§ 1308 Subpoenas and injunctions.

(a) In the conduct of any investigation conducted under the provisions of this chapter, the Board may issue subpoenas to compel the attendance of witnesses and the production of pertinent books, accounts, records and documents. The officer conducting the hearing may administer oaths and may require testimony and evidence to be given under oath.

(b) No witness is privileged to refuse to testify to any fact or produce any paper respecting which the witness is properly examined by the officer conducting the hearing.

If a witness refuses to obey a subpoena or give any evidence relevant to proper inquiry by the Board, then the Board may petition Superior Court to compel the witness to obey the subpoena or give the evidence. The Court shall immediately issue process to the witness and shall hold a hearing on the petition as soon as possible. If the witness refuses, without reasonable cause or legal grounds, to be examined or to give evidence relevant to proper inquiry by the Board, the Court shall punish the witness for contempt.

(c) The Director and/or the Director's designee shall have the authority to investigate any violations of this chapter and/or rules and regulations adopted by the Board and are authorized to take statements under oath in any investigation of a matter covered by this chapter. In the conduct of any investigation conducted under this chapter, the Board may issue subpoenas to compel the attendance of witnesses and the production of pertinent books, accounts, records, and documents.

(d) The Board may institute an action in its name against a person to enjoin a violation of this act or a rule or regulation of the Board. For the Board to sustain the action, the Board does not have to allege or prove that an adequate remedy at law does not exist or that substantial or irreparable damage would result from the continued violation. The Board may not be required to give an appeal bond in any cause arising under this chapter.

(e) Whenever it appears that any person has violated any of the provisions of this chapter for which a penalty is imposed, the Board may cause a civil suit to be instituted in a Court of Chancery for injunctive relief to restrain such person from continuing the violation and for assessment and recovery of the civil penalty.

69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 186, § 1.;