P.R. Laws tit. 31, § 1261a

2019-02-20 00:00:00+00
§ 1261a. Investigative powers

(1) The Company may initiate such public or private investigations as it deems necessary, either within or outside Puerto Rico, in order to determine whether any person has violated or is about to violate any provision of this chapter or any regulation promulgated hereunder, or to aid in the enforcement thereof. In addition, the Company may conduct hearings within Puerto Rico to determine whether any representation contained in any document filed with or information provided to the Company is false or misleading or whether any person has engaged, is engaging, or is about to engage in any unlawful act or practice.

(2) For the purpose of any investigation or proceeding under this chapter, the director of the Company or any officer designated by the director may administer oaths and affirmations, subpoena witnesses, compel their attendance, gather evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the Company deems relevant or material to its inquiry. If any person involved in proceedings before the Company disobeys or resists any lawful order or refuses to respond to a subpoena or to take an oath or affirmation as a witness, or thereafter refuses to be examined or is guilty of misconduct during the hearing or so near the place thereof as to obstruct the proceeding, the Company shall certify the relevant facts to an appropriate court of competent jurisdiction. Such court may thereupon issue an order directing the person to appear before the court and show cause why he or she should not be punished for contempt. The order and a copy of the certified statement shall be served on the person. Thereafter, the court shall have jurisdiction over the matter. The same proceeding shall be had, the same penalties may be imposed, and the person charged may purge himself or herself of the contempt in the same way, as in the case of a person who has committed contempt in the trial of a civil action before a court in Puerto Rico.

(3) The Company may require or permit any person to file a statement in writing, under oath or otherwise, as to all facts and circumstances concerning a matter being or to be investigated.

History —Dec. 26, 1995, No. 252, § 11-102.