37-5B-37. Subpoena powers.
For the purpose of any investigation or proceeding under this chapter, the director or any person designated by the director may administer oaths and affirmations, subpoena witnesses and compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director deems relevant or material to the inquiry.
Any order of the director shall be served by mailing a copy thereof by certified mail to the most recent address of the recipient of the order as it appears in the files of the director. Any subpoena shall be served in the same manner as provided in civil actions in circuit court.
No provision of this chapter either creates any privilege or derogates from any privilege which exists at common law or otherwise, if documentary or other evidence is sought under a subpoena directed to the director or any of the director's officers or employees.
If any person refuses to obey a subpoena, the circuit court, upon application by the director, may issue an order directing the person to appear before the director, or the officer designated by the director, to produce documentary evidence if so ordered, or to give evidence on the matter under investigation or in question. Failure to obey the order of the court is punishable by the court as a contempt of court.
Source: SL 2008, ch 203, ยง37.
Structure South Dakota Codified Laws
Chapter 05B - Franchise Investment
Section 37-5B-1 - Definitions.
Section 37-5B-2 - Jurisdiction.
Section 37-5B-3 - Offer or sale not made in state.
Section 37-5B-4 - Notice filing required.
Section 37-5B-5 - Notice filing provisions.
Section 37-5B-7 - Updating disclosure documents.
Section 37-5B-8 - Start-up financial statements.
Section 37-5B-9 - Phase-in of financial statements.
Section 37-5B-10 - Negotiation of terms.
Section 37-5B-11 - Signed receipt.
Section 37-5B-12 - Exemptions from chapter.
Section 37-5B-13 - Exemptions from notice filing and obligations to deliver disclosure document.
Section 37-5B-14 - Exemptions from notice filing.
Section 37-5B-15 - Exemptions by director.
Section 37-5B-16 - Thresholds.
Section 37-5B-17 - Delivery of disclosure document.
Section 37-5B-18 - Time of delivery of disclosure document.
Section 37-5B-19 - Books and records.
Section 37-5B-20 - Burden of proof.
Section 37-5B-21 - Arbitration.
Section 37-5B-22 - Consent to service of process.
Section 37-5B-23 - Advertisement.
Section 37-5B-24 - Fraud--Class 4 felony.
Section 37-5B-25 - Fraud--Class 6 felony.
Section 37-5B-26 - Prohibited practices.
Section 37-5B-27 - Director approval not permitted.
Section 37-5B-28 - Administration.
Section 37-5B-29 - Promulgation of rules.
Section 37-5B-31 - Filed documents.
Section 37-5B-32 - Records of filings and orders.
Section 37-5B-33 - Public and nonpublic records.
Section 37-5B-34 - Copies of notice filings and orders.
Section 37-5B-35 - Investigations.
Section 37-5B-36 - Request for information.
Section 37-5B-37 - Subpoena powers.
Section 37-5B-39 - Unauthorized use of information--Misdemeanor.
Section 37-5B-40 - Cooperation with other agencies.
Section 37-5B-41 - Cease and desist orders.
Section 37-5B-42 - Order to show cause.
Section 37-5B-43 - Civil penalty.
Section 37-5B-44 - Order or request for hearing.
Section 37-5B-45 - Effect of order without hearing.
Section 37-5B-46 - Affirmance, modification, or vacation of order.
Section 37-5B-47 - Civil action by attorney general.
Section 37-5B-48 - Injunctive relief.
Section 37-5B-49 - Civil damages or rescission.
Section 37-5B-50 - Limitation of actions.
Section 37-5B-51 - Pending actions and actions based on prior conduct.