57-29-303. Investigatory powers and proceedings of division.
(1)
The division may:
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Terms Used In Utah Code 57-29-303 v2
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Subpoena: A command to a witness to appear and give testimony.
(a)
conduct a public or private investigation to determine whether a person has violated or is about to violate a provision of this chapter; and
(b)
require or allow a person to file a written statement with the division that relates to the facts and circumstances concerning a matter to be investigated.
(2)
For the purpose of an investigation or proceeding under this chapter, the division may:
(a)
administer oaths or affirmations; and
(b)
upon the division’s own initiative or upon the request of any party:
(i)
subpoena a witness;
(ii)
compel a witness’s attendance;
(iii)
take evidence; or
(iv)
require the production, within 10 business days, of any information or item that is relevant to the investigation, including:
(A)
the existence, description, nature, custody, condition, and location of any books, electronic records, documents, or other tangible records;
(B)
the identity and location of any person who has knowledge of relevant facts; or
(C)
any other information or item that is reasonably calculated to lead to the discovery of material evidence.
(3)
If a person fails to obey a subpoena or other request made in accordance with this section, the division may petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, for an order compelling compliance.
