50-153. Attorney general powers and duties; enforcement of act. - Kansas Statutes

50-153

Chapter 50.--UNFAIR TRADE AND CONSUMER PROTECTION Article 1.--RESTRAINT OF TRADE

      50-153.   Attorney general powers and duties;enforcement of act.(a) Whenever the attorney general has reason to believe that any provisionof this act has been violated or that any announced conduct of two or morebusiness entities, announced by an authorized agent of one such business entityin which the combined annual gross sales of such business entities involvedexceed $500,000,000, will substantially lessen competition or tend to create amonopoly in violation of this act, the attorney general,or any deputy attorney general or assistant attorney general, may:

      (1)   Administer oaths and affirmations;

      (2)   subpoena witnesses or matter, propound written questions to be answeredunder oath;

      (3)   take testimony under oath;

      (4)   examine or cause to be examined any documentary material of whatevernature relevant to such alleged violations; and

      (5)   collect evidence.

      (b)   Theattorney general may designate representatives, including officials of thestate in which the matter is located, to inspect the matter on the attorneygeneral's behalf, and the attorney general may respond to similar requests fromofficials of other states.

      (c)   Service by the attorney general of any subpoena shall be made by:

      (1)   The mailing thereof by certified mail to the last known place ofbusiness,residence or abode within or without this state; or

      (2)   in the manner provided in the code of civil procedure as if a petitionhas been filed.

      (d)   The attorney general may request that an individual who refuses to complywith a subpoena, on the ground that testimony or matter may incriminate theindividual, be ordered by the court to provide the testimony or matter. Exceptin a prosecution for perjury, an individual who complies with a court order toprovide testimony or matter after asserting a privilege againstself-incrimination to which the individual is entitled by law, may not besubjected to a criminal proceeding or to a civil penalty to the transactionconcerning which the individual is required to testify or produce relevantmatter.

      (e)   If any person willfully fails or refuses to obey any subpoena issued bythe attorney general pursuant to this act, the attorney general, afternotice, may apply to the district court, and, after a hearing thereon, thedistrictcourt may issue an order:

      (1)   Granting injunctive relief restraining the sale or advertisement of anymerchandise or services by such persons;

      (2)   vacating, annulling or suspending the corporate charter of a corporationcreated by or under the laws of this state or revoking or suspending thecertificate of authority to do business in this state of a foreign corporationor revoking or suspendingany other licenses, permits or certificates issued pursuant to law to theperson which are used to further the allegedly unlawful practice; or

      (3)   granting such other relief as may be required, until the person obeys thesubpoena.

      History:   L. 1919, ch. 316, § 1; R.S. 1923, 50-153; L.1973, ch. 134, § 45;L. 2000, ch. 136, § 22; July 1.