26-2-123. Witnesses; evidence; subpoenas.
(a) In any examination or investigation the department conducts, the commissioner or any representative he appoints may:
(i) Administer oaths and affirmations;
(ii) Examine and cross-examine witnesses;
(iii) Receive oral and documentary evidence;
(iv) Subpoena witnesses and compel their attendance and testimony; and
(v) Require by subpoena the production of any books, papers, records, files, correspondence, documents and other evidence deemed relevant to the inquiry whether under control of the department, the insurer or other persons.
(b) If any individual refuses to comply with any subpoena or to testify as to any matter concerning which he is lawfully interrogated, the district court of the county in which the examination or investigation is being conducted or in which the individual resides or may be found, on the commissioner's application, may issue an order requiring the individual to comply with the subpoena and testify or produce the evidence subpoenaed. Failure to obey a court order may be punished by the court as contempt.
(c) Subpoenas shall be served and proof of service made in the same manner as if issued by a district court. Witness fees and mileage, if claimed, shall be allowed the same as for testimony in court.
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