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304.2-340 Witnesses and evidence.
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The commissioner or an authorized designee conducting a hearing, examination, or
investigation by his or her authority shall have power to subpoena witnesses,
compel their attendance, administer oaths, examine any person under oath relative
to the subject of the hearing, examination, or investigation, and to compel any
person to subscribe to his or her testimony after it has been correctly reduced to
writing, and, in connection therewith, to require the production of any books,
papers, records, correspondence, or other documents which the commissioner
deems relevant to the inquiry.
A subpoena issued pursuant to this section shall have the same force and effect as if
issued from a court of record.
A subpoena issued pursuant to this section shall be served in the same manner as if
issued from a court of record, except a subpoena may be served upon any person
holding a license or a certificate of authority from the commissioner or upon the
employee of the person or entity in the same manner as other orders and notices are
served, as provided in KRS 304.2-120.
If any individual or licensee refuses to comply with a subpoena or to testify as to
any matter concerning which the individual or licensee may be lawfully
interrogated:
(a) The Circuit Court of the county wherein the examination, investigation, or
hearing is being conducted or of the county wherein the individual or licensee
resides, on the commissioner's application may, after summary hearing, issue
an order requiring the individual or licensee to comply with the subpoena and
to testify; and failure to obey an order may be punished by the court as a
contempt thereof; and
(b) The commissioner may suspend or revoke the certificate of authority or
license of any licensee or impose an administrative fine, or both, for failure of
the licensee or the employee of any licensee to comply.
Witness fees and mileage, if claimed, shall be allowed the same as for testimony in
a Circuit Court, but no officer, director, agent or employee of an insurer or person
being examined or investigated shall be entitled to witness or mileage fees.
Any individual willfully testifying falsely under oath as to any material to any
examination, investigation, or hearing shall upon conviction thereof be guilty of
perjury.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 950, effective July 15, 2010. -- Amended
1994 Ky. Acts ch. 93, sec. 3, effective July 15, 1994. -- Created 1970 Ky. Acts ch.
301, subtit. 2, sec. 34, effective June 18, 1970.
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