1. (1) The division may:

   1. (a) conduct a public or private investigation to determine whether a person has violated or is about to violate a provision of this chapter; and
   2. (b) require or allow a person to file a written statement with the division that relates to the facts and circumstances concerning a matter to be investigated.

2. (2) For the purpose of an investigation or proceeding under this chapter, the division may:

   1. (a) administer oaths or affirmations; and

   2. (b) upon the division's own initiative or upon the request of any party:

      1. (i) subpoena a witness;
      2. (ii) compel a witness's attendance;
      3. (iii) take evidence; or

      4. (iv) require the production, within 10 business days, of any information or item that is relevant to the investigation, including:

         1. (A) the existence, description, nature, custody, condition, and location of any books, electronic records, documents, or other tangible records;
         2. (B) the identity and location of any person who has knowledge of relevant facts; or
         3. (C) any other information or item that is reasonably calculated to lead to the discovery of material evidence.
3. (3) If a person fails to obey a subpoena or other request made in accordance with this section, the division may petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, for an order compelling compliance.

Amended by Chapter 401, 2023 General Session