Maine Revised Statutes Title 32 Sec. 11301 – Investigations
Current as of: 2023 | Check for updates
|
Other versions
1. Investigations. The administrator may make investigations, within or outside this State, as the administrator finds necessary or appropriate to:
A. Determine whether any person has violated, or is about to violate, any provision of this chapter or any rule or order of the administrator; or [PL 1989, c. 542, §75 (AMD).]
B. Aid in enforcement of this chapter. [PL 1985, c. 643 (NEW).]
[PL 1989, c. 542, §75 (AMD).]
Terms Used In Maine Revised Statutes Title 32 Sec. 11301
- Administrator: means the Securities Administrator. See Maine Revised Statutes Title 32 Sec. 11201
- 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.
- Person: means an individual, a corporation, a partnership, an association, a joint-stock company, a trust where the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government or a political subdivision of a government, but does not include, a contract market designated by the Commodity Futures Trading Commission or any clearinghouse of the Commodity Futures Trading Commission or a national securities exchange registered with the United States Securities and Exchange Commission, or any employee, officer or director of such contract market, clearinghouse or exchange acting solely in that capacity. See Maine Revised Statutes Title 32 Sec. 11201
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2. Publication. The administrator may publish information concerning any violation of this chapter or any rule or order of the administrator.
[PL 1989, c. 542, §75 (AMD).]
3. Power of administrator. For purposes of any investigation or proceeding under this chapter, the administrator or any officer or employee designated by rule or order, 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 to be relevant or material to the inquiry.
[PL 1989, c. 542, §75 (AMD).]
4. Court order. If a person does not give testimony or produce the documents required by the administrator or a designated employee pursuant to an administrative subpoena, the administrator or designated employee may apply for a court order compelling compliance with the subpoena or the giving of the required testimony.
The request for order of compliance may be addressed to either:
A. The Superior Court located in the County of Kennebec or the Superior Court where service may be obtained on the person refusing to testify or produce, if the person is within this State; or [PL 1985, c. 643 (NEW).]
B. The appropriate court of the state having jurisdiction over the person refusing to testify or produce, if the person is outside this State. [PL 1985, c. 643 (NEW).]
[PL 1989, c. 542, §75 (AMD).]
SECTION HISTORY
PL 1985, c. 643 (NEW). PL 1989, c. 542, §75 (AMD).