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State Statutes - Idaho - Title 28 - Chapter 46 - 28-46-106
Idaho Statutes
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28-46-106 - INVESTIGATORY POWERS
(1) If the administrator has cause to
believe that a person has engaged in conduct or committed an act that is
subject to action by the administrator, he may make an investigation to
determine whether the person has engaged in the conduct or committed the act.
To the extent necessary for this purpose, he may administer oaths or
affirmations, and, upon his own motion or upon request of any party, subpoena
witnesses, compel their attendance, adduce evidence, and require the
production of, or testimony as to, any matter relevant to the investigation,
including the existence, description, nature, custody, condition, and location
of any books, documents, or other tangible things and the identity and
location of persons having knowledge of relevant facts, or any other matter
reasonably calculated to lead to the discovery of admissible evidence.
(2) If the person's records are located outside this state, the person at
his option shall make them available to the administrator at a convenient
location within this state or pay the reasonable and necessary expenses for
the administrator or his representative to examine them where they are
located. The administrator may designate representatives, including comparable
officials of the state in which the records are located, to inspect them on
his behalf.
(3) Upon application by the administrator showing failure without lawful
excuse to obey a subpoena or to give testimony, and upon reasonable notice to
all persons affected thereby, the court shall grant an order compelling
compliance.
(4) The name or identity of a person whose acts or conduct the
administrator investigates pursuant to this section or the facts disclosed in
the investigation shall be subject to disclosure according to chapter 3, title
9, Idaho Code, but this subsection does not apply to disclosures in actions or
enforcement proceedings pursuant to this act.
 
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