South Carolina Code of Laws
Chapter 73 - State Commodity Code
Section 39-73-310. Authority of administrator to investigate; publication of information; powers and procedures; court order to compel compliance.

(A) The administrator may make investigations, within or without this State, as it finds necessary or appropriate to:
(1) determine whether a person has violated or is about to violate this chapter or a regulation of the administrator; or
(2) aid in enforcement of this chapter.
(B) The administrator may publish information concerning a violation of this chapter or a regulation of the administrator.
(C) For purposes of an investigation or a proceeding under this chapter the administrator or an officer or employee designated by regulation may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of books, papers, correspondence, memoranda, agreements, or other documents or records which the administrator finds to be relevant or material to the inquiry.
(D)(1) 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.
(2) The request for order of compliance may be addressed to:
(a) the circuit court of Richland County or the circuit court of the county where service may be obtained on the person refusing to testify or produce if the person is within this State; or
(b) the appropriate court of the state having jurisdiction over the person refusing to testify or produce if the person is outside this State.
HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 39 - Trade and Commerce

Chapter 73 - State Commodity Code

Section 39-73-10. Definitions.

Section 39-73-20. Commodity transactions under commodity contract or option restricted.

Section 39-73-30. Purchasers or sellers as to whom prohibition not applicable.

Section 39-73-40. Transactions as to which prohibition not applicable.

Section 39-73-50. Commodity merchant required to be registered, temporarily licensed, or exempt; board of trade must be designated.

Section 39-73-60. Prohibited acts.

Section 39-73-70. Agency, vicarious, and joint and several liability.

Section 39-73-80. Chapter not to impair other state securities laws.

Section 39-73-90. Construction and implementation of chapter; no private right of action created.

Section 39-73-310. Authority of administrator to investigate; publication of information; powers and procedures; court order to compel compliance.

Section 39-73-315. Action by administrator to prevent violation or imminent violation.

Section 39-73-320. Legal, equitable, and special remedies available to court for enforcement.

Section 39-73-325. Penalties for willful violation; for unknowing violation; reference to Attorney General for criminal proceedings.

Section 39-73-330. Secretary of State to administer chapter; confidential or public nature of information; use of information for personal gain.

Section 39-73-335. Cooperation with other jurisdictions; joint action.

Section 39-73-340. Authority to promulgate regulations, forms, and orders; insulation from liability for acts or omissions done in good faith.

Section 39-73-345. Engaging in prohibited conduct constitutes appointment of administrator to accept service of process.

Section 39-73-350. Applicability of sections 39-73-20, 39-73-50, and 39-73-60 to persons who sell, buy, or offer to sell or buy commodities in state.

Section 39-73-355. Administrative proceedings; notice; hearing; order.

Section 39-73-360. Judicial review.

Section 39-73-365. Burden of proof as to exemptions.

Section 39-73-370. Defense, in case based on failure to make physical delivery, factors beyond seller's control, where delivery completed within reasonable time.