Current through Chapter 155 of the 2021 Legislative Session
Section 35-77-107 - Investigation - access to records and facilities(1) The commissioner may close to public inspection investigations, complaints of record, and farm records; except that: (a) The person in interest, as defined in section 24-72-202, may access these records; or(b) The records may be accessed in accordance with a court order.(2)(a) During regular business hours, a farm shall give the commissioner access, upon the commissioner giving the farm written notice and obtaining consent or an administrative search warrant, to real property used for, any building used for, or any facility used for activities regulated under this article 77 if the access is for the purpose of implementing or enforcing this article 77 or any rule adopted under this article 77.(b) During regular business hours, a farm shall give the commissioner, upon the commissioner giving the farm written notice, access to all records required to be kept by rule of the commissioner and shall allow the commissioner to make copies of the records if the access or copying is for the purpose of implementing or enforcing this article 77 or any rule adopted under this article 77.(3) The commissioner may make any investigation necessary to ensure compliance with this article 77.(4)(a) The commissioner may:(I) Administer oaths and take statements;(II) Issue subpoenas requiring the attendance of witnesses before the commissioner and compel the witnesses to disclose all known facts concerning the matter under investigation; and(III) Require the production of books, documents, items, or instruments.(b) Upon the failure or refusal of a witness to obey a subpoena compelling the witness to appear and testify or to produce documentary evidence, the commissioner may petition the district court to compel the witness to obey the subpoena. Upon a proper showing, the court may enter an order requiring compliance with the subpoena. Failure to obey the court's order is punishable as a contempt of court.Added by 2019 Ch. 74,§ 2, eff. 8/2/2019.