Sec. 9. (a) This section applies when a person or witness takes an action as follows:
(1) A person disobeys a lawful:
(A) subpoena issued under this article; or
(B) order or demand requiring the production of books, accounts, papers, records, documents, or other evidence or information as provided in this article.
(2) A witness in a hearing, inquiry, or investigation refuses to:
(A) appear when subpoenaed;
(B) testify to a matter about which the witness may be lawfully interrogated; or
(C) take or subscribe to an oath required by this article.
(b) If a person or witness takes an action described in subsection (a):
(1) the circuit or superior court of the county in which the hearing, inquiry, or investigation described in subsection (a) is held, if:
(A) demand is made; or
(B) upon written petition, the production is ordered to be made;
(2) the commissioner;
(3) before July 1, 2020, a hearing officer appointed by the commissioner; or
(4) after June 30, 2020, an administrative law judge assigned, after request by the commissioner, by the office of administrative law proceedings established by IC 4-15-10.5-7;
shall compel compliance with the lawful requirements of the subpoena, order, or demand, compel the production of the necessary or required books, papers, records, documents, and other evidence and information, and compel the witness to attend in an Indiana county and to testify to any matter about which the witness may lawfully be interrogated, and to take or subscribe to any oath required.
As added by P.L.175-2019, SEC.2. Amended by P.L.205-2019, SEC.26.
Structure Indiana Code
Title 23. Business and Other Associations
Chapter 11. Violations and Civil Enforcement
23-2.5-11-1. Permissive Actions; Denial of Licensure Application or Renewal; Suspension; Revocation
23-2.5-11-2. Required Actions; Denial of Licensure Application or Renewal; Suspension; Revocation
23-2.5-11-3. Investigation; Orders; Penalties
23-2.5-11-4. Censure; Permanent Bar
23-2.5-11-5. Notice Before Final Order
23-2.5-11-6. Implementation; Rules; Commissioner Actions
23-2.5-11-7. Immunity of Witness
23-2.5-11-8. Certificate of Compliance or Noncompliance
23-2.5-11-9. Court to Compel Obedience to Subpoena, Order, or Demand
23-2.5-11-10. Action to Enforce Penalty
23-2.5-11-11. Action to Enjoin; Other Relief
23-2.5-11-12. Appeal; Procedure
23-2.5-11-13. Admissibility of Copied Statements, Documents, and Records
23-2.5-11-14. Court Compelled Obedience to Subpoena, Order, or Demand
23-2.5-11-15. Contempt of Court; Liability for Damages; Contract Void
23-2.5-11-16. Securities Division and Department of Financial Institutions; Cooperation