§ 41A-8. Investigation; subpoenas. - North Carolina Statutes

§41A‑8.  Investigation; subpoenas.

(a)        In conducting aninvestigation, the Commission shall have access at all reasonable times topremises, records, documents, individuals, and other evidence or possiblesources of evidence and may examine, record, and copy such materials and takeand record the testimony or statements of such persons as are reasonablynecessary for the furtherance of the investigation: Provided, however, that theCommission first complies with the provisions of the Fourth Amendment to theUnited States Constitution relating to unreasonable searches and seizures.

(b)        The Commission mayissue subpoenas to compel access to or the production of such materials, or theappearance of such persons, and may issue interrogatories to a respondent, tothe same extent and subject to the same limitations as would apply if thesubpoenas or interrogatories were issued or served in aid of a civil action inthe general court of justice.

(c)        Upon writtenapplication to the Commission, a respondent shall be entitled to the issuanceof a reasonable number of subpoenas subject to the same limitations assubpoenas issued by the Commission.  Subpoenas issued at the request of arespondent shall show on their face the name and address of such respondent andshall state that they were issued at his request.

(d)        In case ofcontumacy or refusal to obey a subpoena, the Commission or the respondent maypetition for its enforcement in the superior court for the district in whichthe person to whom the subpoena was addressed resides, was served, or transactsbusiness. (1983, c. 522, s. 1; 1989 (Reg. Sess., 1990), c. 979,s. 1(3).)