Utah Code 57-29-303. Investigatory powers and proceedings of division
Current as of: 2024 | Check for updates
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(1) The division may:
Terms Used In Utah Code 57-29-303
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Division: means the Division of Real Estate created in Section 61-2-201. See Utah Code 57-29-102
- 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 :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Subpoena: A command to a witness to appear and give testimony.
(1)(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(1)(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:
(2)(a) administer oaths or affirmations; and
(2)(b) upon the division’s own initiative or upon the request of any party:
(2)(b)(i) subpoena a witness;
(2)(b)(ii) compel a witness’s attendance;
(2)(b)(iii) take evidence; or
(2)(b)(iv) require the production, within 10 business days, of any information or item that is relevant to the investigation, including:
(2)(b)(iv)(A) the existence, description, nature, custody, condition, and location of any books, electronic records, documents, or other tangible records;
(2)(b)(iv)(B) the identity and location of any person who has knowledge of relevant facts; or
(2)(b)(iv)(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.