§32A-2-12. Investigations and subpoenas.
(a) In addition to the examinations required by section eleven
of this article, the commissioner is authorized to inspect, examine
and audit the books, records, accounts and papers of all licensees
and their authorized delegates at times that the circumstances in
his or her opinion may warrant. Unless it will interfere with the
commissioner's duties under this article, reasonable notice shall
be given to an authorized delegate or licensee before any on-site
examination visit. However, an authorized delegate is deemed to
consent to the commissioner's inspection, with or without prior
notice to the licensee or authorized delegate, of the books and
records of the authorized delegate when the commissioner has a
reasonable basis to believe that the licensee or authorized
delegate is in noncompliance with this article. The commissioner
may call for and require any data, reports or information from any
licensees under his or her jurisdiction at any time, and in the
form, content and detail the commissioner determines to be
necessary in the faithful discharge of his or her duty.
(b) In connection with the investigations undertaken pursuant
to this article, the commissioner is authorized to issue subpoenas
and subpoenas duces tecum, administer oaths, examine persons under
oath, and hold and conduct hearings, with any subpoenas or
subpoenas duces tecum to be issued, served and enforced in the
manner provided in section one, article five, chapter twenty-nine-a
of this code. Any person appearing and testifying at the hearing may be accompanied by an attorney.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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