2010 Georgia Code
TITLE 10 - COMMERCE AND TRADE
CHAPTER 1 - SELLING AND OTHER TRADE PRACTICES
ARTICLE 15 - DECEPTIVE OR UNFAIR PRACTICES
PART 2 - FAIR BUSINESS PRACTICES ACT
§ 10-1-404 - Administrator's subpoena and hearing powers; procedural rules; court enforcement orders; self-incrimination; confidentiality
. Administrator's subpoena and hearing powers; procedural rules; court enforcement orders; self-incrimination; confidentiality
(a) To carry out the duties prescribed by Code Sections 10-1-394
, and 10-1-403
, the administrator, in addition to other powers conferred upon him by this part, may, with the consent of the Attorney General, issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in aid of any investigation or inquiry, prescribe such forms, and promulgate such procedural rules and regulations as may be necessary, which procedural rules and regulations shall have the force of law.
(b) Upon failure of a person without lawful excuse to obey an investigative demand or subpoena, the administrator may apply to a superior court having jurisdiction for an order compelling compliance. Such person may object to the investigative demand or subpoena on grounds that it fails to comply with this part or upon any constitutional or other legal right or privilege of such person. The court may issue an order modifying or setting aside such demand or subpoena or directing compliance with the original demand or subpoena.
(c) The Attorney General may request that a natural person who refuses to testify or to produce relevant matter on the ground that the testimonial matter may incriminate him be ordered by the court to provide the testimonial matter. With the exception of a prosecution for perjury and an action under Code Section 10-1-397
, or 10-1-405
, a natural person who complies with the court order to provide a testimonial matter after asserting a privilege against self-incrimination to which he is entitled by law shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence, documentary or otherwise.
(d) (1) Information obtained pursuant to investigative demands, subpoenas, oaths, affirmations, or hearings enforced by this part shall not be made public or, except as authorized in paragraph (2) of this subsection, disclosed by the administrator or his employees beyond the extent necessary for the enforcement of this part.
(2) The administrator or his employees shall be authorized to provide to any federal, state, or local law enforcement agency any information acquired under this part which is subpoenaed by such agency. State or local law enforcement agencies shall be authorized to provide any information to the administrator when the administrator issues an investigative demand or subpoena for such information.
Graham Syfert - Jacksonville Lawyer