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 a designee. (HB2469 HD1)


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2469
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
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 or the director's designee shall have the power to
 
 7 subpoena witnesses, examine witnesses under oath, and require the
 
 8 production of books, papers, documents, or objects that the
 
 9 director or the director's designee deems relevant or material to
 
10 the inquiry.  Upon application by the director[,] or the
 
11 director's designee, obedience to the subpoena may be enforced by
 
12 the circuit court in the county in which the person subpoenaed
 
13 resides or is found in the same manner as a subpoena issued by
 
14 the clerk of a circuit court.
 
15      The director shall appoint and commission one or more
 
16 investigators as the exigencies of the public service may
 
17 require.  Persons appointed and commissioned under this section
 
18 may serve subpoenas and serve process and orders pursuant to
 
19 section 634-21.  Nothing in this subsection shall be construed to
 

 
Page 2                                                     2469
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 entitle persons appointed and commissioned by the director to
 
 2 retirement benefits applicable to police officers under chapter
 
 3 88."
 
 4      SECTION 2.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 3.  This Act shall take effect upon its approval.