50-1130. Same; subpoenas. - Kansas Statutes

50-1130

Chapter 50.--UNFAIR TRADE AND CONSUMER PROTECTION Article 11.--CREDIT SERVICES ORGANIZATIONS

      50-1130.   Same; subpoenas.(a) In case of contumacy by, or refusal to obey a subpoenaissued to anyperson,any court of competent jurisdiction, upon application by the commissioner, mayissue to thatperson an order requiring the person to appear before the commissioner, or theofficer designatedby the commissioner, there, to produce documentary evidence if so ordered or togive evidencetouching the matter under investigation or in question. Any failure to obey theorder of the courtmay be punished by the court as a contempt of court.

      (b)   No person shall be excused from attending and testifying or fromproducing any document orrecord before the commissioner or in obedience to the subpoena of thecommissioner or thecommissioner's designee, or in any proceeding instituted by the commissioner,on the ground thatthe testimony or evidence, documentary or otherwise, required of the person maytend to incriminate the person or subject the person to a penalty orforfeiture. No individual may be prosecuted orsubjected to any penalty or forfeiture for or on account of any transaction,matter or thing concerningwhich such person is compelled, after claiming privilege againstself-incrimination, to testify orproduce evidence, documentary or otherwise, except that the individual sotestifying shall not beexempt from prosecution and punishment for perjury committed in so testifying.

      History:   L. 2004, ch. 22, § 15; July 1.