REPORT TITLE:
Issuance of Subpoenas


DESCRIPTION:  Allows the director of the department of commerce
and consumer affairs to delegate the power to subpoena witnesses
to the deputy director. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2469
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SUBPOENAS ISSUED BY THE DEPARTMENT OF COMMERCE
   AND CONSUMER AFFAIRS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 26-9, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (j) to read as follows:
 
 3      "(j)  In the course of an investigation of matters affecting
 
 4 the interest of consumers, depositors, or investors, or of any
 
 5 other matter within the jurisdiction of the department, the
 
 6 director shall have the power to subpoena witnesses, examine
 
 7 witnesses under oath, and require the production of books,
 
 8 papers, documents, or objects that the director deems relevant or
 
 9 material to the inquiry.  Upon application by the director,
 
10 obedience to the subpoena may be enforced by the circuit court in
 
11 the county in which the person subpoenaed resides or is found in
 
12 the same manner as a subpoena issued by the clerk of a circuit
 
13 court.
 
14      The director shall appoint and commission one or more
 
15 investigators as the exigencies of the public service may
 
16 require.  Persons appointed and commissioned under this section
 
17 may serve subpoenas and serve process and orders pursuant to
 
18 section 634-21.  Nothing in this subsection shall be construed to
 

 
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                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        

 
 1 entitle persons appointed and commissioned by the director to
 
 2 retirement benefits applicable to police officers under chapter
 
 3 88.
 
 4      For purposes of this subsection, the director may delegate
 
 5 the director's authority to the deputy director."
 
 6      SECTION 2.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 3.  This Act shall take effect upon its approval.