(a) The commissioner may make the investigations within or without the state as the commissioner may consider necessary or appropriate for determining whether to approve an application filed with the commissioner under this part, or for determining whether a licensee or other person has violated or is about to violate this part, to aid in the enforcement of this part, or to aid in issuing an order or promulgating a rule or regulation pursuant to this part.
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Terms Used In Tennessee Code 45-8-217

  • Commissioner: means the commissioner of financial institutions. See Tennessee Code 45-8-203
  • Department: means the department of financial institutions. See Tennessee Code 45-1-103
  • 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.
  • Licensee: means a Tennessee corporation that is licensed under this part. See Tennessee Code 45-8-203
  • Order: includes an approval, authorization, consent, exemption, denial, prohibition, or other official act taken by the commissioner. See Tennessee Code 45-8-203
  • Person: includes an individual, proprietorship, joint venture, partnership, trust, business trust, syndicate, association, joint stock company, corporation, cooperative, government, agency of a government, or any other entity or organization. See Tennessee Code 45-8-203
  • State: means the state of Tennessee. See Tennessee Code 45-8-203
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) Any investigation under this section may be made by any person or persons designated by the commissioner, and in that case, all the powers vested in the commissioner by this section shall be possessed by the person or persons so designated. When the investigation is made without the presence of the commissioner, the commissioner shall furnish to the person or persons conducting the investigation a commission under the signature of the commissioner and official seal of the department, which shall be exhibited to any person contacted in the course of the investigation.
(c) For purposes of an investigation under this section, the commissioner may administer oaths and affirmations, subpoena witnesses, including, but not limited to, the officers, directors, trustees, partners, managers and employees of any entity being examined, compel the attendance of witnesses, take evidence, and require the production of books, papers, correspondence, memoranda, agreements, or other documents or records that the commissioner considers relevant to the investigation.
(d) If any person fails to comply with a subpoena or subpoena duces tecum issued by the commissioner under this section or fails to testify with respect to a matter concerning which the person may be lawfully questioned, the chancery court, upon application of the commissioner, may issue an order requiring the attendance of the person and the giving of testimony or production of evidence.
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