2011 Hawaii Code
DIVISION 2. BUSINESS
TITLE25. PROFESSIONS AND OCCUPATIONS
467B. Solicitation of Funds from the Public
§467B-9.3 Investigations; subpoenas; court orders.
§467B-9.3 Investigations; subpoenas; court orders. (a) The department, on its own motion or upon complaint of any person, may conduct an investigation to determine whether any person has violated or is about to violate any provision of sections 467B-2.1, 467B-6.5, and 467B-9.
(b) The attorney general or the attorney general's authorized representative may subpoena documentary material relating to any matter under investigation, issue subpoenas to any person involved in or who may have knowledge of any matter under investigation, administer an oath or affirmation to any person, and conduct hearings on any matter under investigation.
(c) If any person fails to obey any subpoena issued by the department pursuant to this section, the department, after notice, may apply to the circuit court for the first circuit, State of Hawaii, for a hearing on the application, and after the hearing, the court may issue an order requiring the person to obey the subpoena or any part of the subpoena together with any other relief as may be appropriate. Any disobedience of any order entered under this section by any court shall be punished as contempt.
(d) In any case where the attorney general has authority to institute a civil action or proceeding in connection with the enforcement of this chapter, the attorney general may instead accept an assurance of discontinuance of any act or practice that violates the law from any person engaged in or who has engaged in the act or practice. Assurance accepted under this subsection may include a stipulation for the voluntary payment by the alleged violator of reasonable costs and disbursements incurred by the attorney general during the course of the attorney general's investigation. Evidence of a violation of an assurance shall constitute prima facie evidence of a violation of the applicable law in any civil action or proceeding later commenced by the attorney general. [L 2008, c 174, pt of §2; am L 2011, c 40, §3]
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