Oklahoma § 71-813 - Investigations and proceedings - Powers and duties of

§ 71-813. Investigations and proceedings - Powers and duties of

Administrator.

A. The Administrator:

Oklahoma Statutes - Title 71. Securities

1. May make such public or private investigations within or

outside of this state as the Administrator deems necessary to

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

provision of the Oklahoma Business Opportunity Sales Act or any rule

or order hereunder, or to aid in the enforcement of the act or in

the prescribing of rules and forms hereunder;

2. May require or permit any person to file a statement, 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 the

Oklahoma Business Opportunity Sales Act or any rule or order

hereunder.

B. For the purpose of any investigation or proceeding pursuant

to the Oklahoma Business Opportunity Sales Act, the Administrator or

the Administrator’s designee may administer oaths and affirmations,

subpoena witnesses, compel their attendance, take 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 district court of Oklahoma County or the

district court in any other county where service can be obtained on

one or more of the defendants, upon application by the

Administrator, may issue to the person an order requiring him or her

to appear before the Administrator, there to produce documentary

evidence if so ordered or to give evidence touching upon the matters

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

the court may be punishable by the court as contempt.

D. No person is excused from attending and testifying or from

producing any document or record before the Administrator or the

Administrator’s designee, or in obedience to the subpoena of the

Administrator or the Administrator’s designee, in any proceeding

instituted by the Administrator, on the grounds that the testimony

or evidence, documentary or otherwise, required by the Administrator

may tend to incriminate him or her or subject him or her to a

penalty or forfeiture; but no individual may be prosecuted or

subjected to any penalty or forfeiture on account of any

transaction, matter or thing concerning which he or she is

compelled, after claiming his or her privilege against selfincrimination, 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.

Added by Laws 1985, c. 157, § 13, eff. Nov. 1, 1985. Amended by

Laws 1999, c. 109, § 18, eff. July 1, 1999.

Oklahoma Statutes - Title 71. Securities