Guam § 46407 - Investigations and Subpoenas.

§ 46407. Investigations and Subpoenas.

(a) The Administrator in his discretion (1) may make such public or

private investigations within or outside of this state as he deems necessary

to determine whether any person has violated or is about to violate any

provision of this Act or any rule or order hereunder, or to aid in the

enforcement of this Act or in the prescribing of rules and forms hereunder,

(2) may require or permit any person to file a statement in writing, under

oath or otherwise as the Administrator determines, as to all the facts and

circumstances concerning the matter to be investigated, and (3) may publish

information concerning any violation of this Act or any rule or order

hereunder.

(b) For the purpose of any investigation or proceeding under this Act,

the Administrator or any officer designated by him may, administer oaths

and affirmations, subpoena witnesses, compel their attendance, take

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evidence, and require the production of any books, papers, correspondence,

memoranda, agreements, or other documents or records which the

Administrator deems relevant or material to the inquiry.

(c) In case of contumacy by, or refusal to obey a subpoena issued to,

any person, the Superior Court, upon application by the Administrator, may

issue to the person an order requiring him to appear before the

Administrator, or the officer designated by him, there to produce

documentary evidence if so ordered or to give evidence touching the matter

under investigation or in question. Failure to obey the order of the court

may be punished by the court as a contempt of court.

(d) No person is excused from attending and testifying or from

producing any document or record before the Administrator, or in

obedience to the subpoena of the Administrator or any officer designated by

him or in any proceeding instituted by the Administrator, on the ground that

the testimony or evidence (documentary or otherwise) required of him may

tend to incriminate him or subject him to a penalty or forfeiture; but no

individual may be prosecuted or subjected to any penalty or forfeiture for or

on account of any transaction, matter, or thing concerning which he is

compelled, after claiming his privilege against self-incrimination, to testify

or produce evidence (documentary or otherwise), except that the individual

testifying is not exempt from prosecution and punishment for perjury or

contempt committed in testifying.