North Dakota Code 51-23-11 – Investigations
1. The commissioner may make investigations, within or without this state, as the commissioner finds necessary or appropriate to:
Terms Used In North Dakota Code 51-23-11
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Rule: includes regulation. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
- Testify: includes every mode of oral statement under oath or affirmation. See North Dakota Code 1-01-49
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
a. Determine whether any person has violated, or is about to violate, any provision of this chapter or any rule or order of the commissioner. b. Aid in enforcement of this chapter.
2. The commissioner may publish information concerning any violation of this chapter or any rule or order of the commissioner.
3. For purposes of any investigation or proceeding under this chapter, the commissioner or any officer or employee designated by rule or order, may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the commissioner finds to be relevant or material to the inquiry.
4. a. If a person does not give testimony or produce the documents required by the commissioner or a designated employee pursuant to an administrative subpoena, the commissioner or designated employee may apply for a court order compelling compliance with the subpoena or the giving of the required testimony. b. The request for order of compliance may be addressed to either:
(1) The district court of Burleigh County, North Dakota, or the district court of any county in this state, where service may be obtained on the person refusing to testify or produce, if the person is within this state; or
(2) The appropriate court of the state having jurisdiction over the person refusing to testify or produce, if the person is outside this state.