Sec. 33. (a) The commissioner may in his discretion make such investigations as he deems necessary to determine whether any person has violated or is about to violate any provision of this chapter.
(b) For the purpose of any investigation or proceeding under this chapter, the commissioner or his representative 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 commissioner deems material to the inquiry.
(c) Upon order of the commissioner or his representative in any hearing, depositions may be taken of any witness, to be taken in the manner prescribed by law for depositions in civil actions, and made returnable to the commissioner or his representative.
(d) In case of failure by any person to obey a subpoena, the circuit or superior court, upon application by the commissioner, may issue to the person an order requiring him to appear before the commissioner, or his representative, there to produce documentary evidence, if so ordered, or to give evidence touching the matter under investigation.
(e) No person is excused from attending and testifying or from producing any document or record before the commissioner, or in obedience to the subpoena of the commissioner, or his representative, or in any proceeding instituted by the commissioner, on the grounds that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no person may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after validly claiming his privilege against self-incrimination, to testify or produce evidence documentary or otherwise.
Formerly: Acts 1975, P.L.262, SEC.1.
Structure Indiana Code
Title 23. Business and Other Associations
Article 2. Securities and Franchises
23-2-2.5-0.5. Consideration of Franchisor as Employer or Co-Employer
23-2-2.5-2. Application of Chapter
23-2-2.5-4. Exempt Franchisees
23-2-2.5-5. Sales Exempted by Commissioner
23-2-2.5-6. Denial or Revocation of Exemptions; Grounds
23-2-2.5-7. Notice of Denial or Revocation of Exemptions; Hearing
23-2-2.5-8. Determination of Exemption; Request; Fee; Notice; Hearing; Order
23-2-2.5-9. Offer or Sale of Franchise; Requisites; Disclosure Statement
23-2-2.5-10.5. Registration of Franchise; Notification Form
23-2-2.5-11. Signatures and Verifications
23-2-2.5-12. Escrow or Impoundment of Franchise Fees; Inadequate Funding
23-2-2.5-13. Disclosure Statements
23-2-2.5-13.1. Material Change in Information; Amended Disclosure Statement Required
23-2-2.5-14. Stop Orders; Descriptions of Charges
23-2-2.5-15. Notice of Stop Order
23-2-2.5-16. Stop Orders; Vacating or Modifying
23-2-2.5-17. Effectiveness of Registration
23-2-2.5-18. Renewal of Registration; Period
23-2-2.5-23. Registration or Filing Not Considered Finding Upon Merits
23-2-2.5-24. Consent to Service of Process on Secretary of State
23-2-2.5-26. Advertisements Containing False Statements; Notification; Hearing
23-2-2.5-27. Fraud or Deceit Unlawful
23-2-2.5-28. Violations; Judgment; Damages; Interest; Attorney's Fees
23-2-2.5-29. Aiders and Abettors in Violations; Joint and Several Liability
23-2-2.5-30. Limitation of Actions
23-2-2.5-31. Survival of Actions
23-2-2.5-33. Investigations; Proceedings; Powers; Self-Incrimination
23-2-2.5-34. Violations; Orders and Notices; Hearing; Costs; Civil Penalties; Enforcement Action
23-2-2.5-36. Prosecution of Violations
23-2-2.5-37. Violations; Felony
23-2-2.5-38. Conduct Equivalent to Appointment of Secretary of State for Service of Process
23-2-2.5-39. Exemption or Classification; Burden of Proof
23-2-2.5-40. Certificate of Commissioner as Evidence
23-2-2.5-41. Statements and Documents Filed With Secretary of State as Evidence
23-2-2.5-42. Administration of Chapter
23-2-2.5-43. Fees and Funds; Accounting; Fees for Registration and Renewal
23-2-2.5-45. Assistance of Attorney General; Expenses
23-2-2.5-46. Liability for Performance of Official Duties
23-2-2.5-47. Construction and Purpose of Chapter
23-2-2.5-49. Construction With Other Laws
23-2-2.5-50. Administrative Orders and Procedures
23-2-2.5-51. Service Stations; Succession to Ownership by Family Member of Deceased Franchisee