Section 21.06.170. Witnesses, evidence, and contempt.

   (a) With respect to the subject of an examination, investigation, or hearing being conducted by the director or an examiner, if general written authority has been given the examiner by the director, the director or the examiner may subpoena witnesses and administer oaths or affirmations and examine any person under oath, and may compel the production of records, books, papers, contracts, and other documents by attachments, if necessary. If, in connection with an examination of an insurer, the director desires to examine an officer, director, or manager who is then outside this state, the director is authorized to conduct and to enforce by appropriate and available means an examination under oath in another state or a territory of the United States in which the officer, director, or manager may then presently be, to the full extent permitted by the laws of the other state or territory, this special authorization considered. An administrative law judge from the office of administrative hearings (AS 44.64.010) conducting a hearing under this title may, in the course of the hearing, exercise the powers granted to the director under this subsection.
   (b) Witness fees and mileage, if claimed, shall be allowed the same as for testimony in a court.  Witness fees, mileage, and the actual expenses necessarily incurred in securing attendance of witnesses and their testimony shall be itemized, and shall be paid by the person being examined if the person is found to have violated the law regarding the matter for which the witness was subpoenaed, or shall be paid by the person, if other than the director, at whose request the hearing is held.
   (c) Subpoenas of witnesses shall be served in the same manner as if issued from a court.
   (d) If a person disobeys or resists a lawful order of the administrative law judge or director, refuses to respond to a subpoena, refuses to take oath or affirmation as a witness, refuses to be examined, or is guilty of misconduct at a hearing or so near the hearing as to obstruct the proceeding, the administrative law judge or director shall certify the facts to the superior court where the hearing is held, and, upon certification, the court shall issue an order directing the person to appear before the court and show cause why the person should not be punished for contempt.
   (e)   [Repealed, Sec. 22 ch 149 SLA 1984]. 

Authorities

21.09.175;21.09.260;21.22.170;21.27.140;21.27.405;21.27.420;21.27.440;21.27.570;21.27.620;21.27.650;21.27.690;21.27.760;21.27.840;21.33.900;21.34.230;21.36.910;21.57.150;21.59.140;21.59.200;21.69.060;21.69.210;21.69.390;21.69.510;21.78.271;21.86.200;21.96.090;21.97.020

Notes

References

3 AAC 21.520
3 AAC 21.720
3 AAC 21.760
3 AAC 28.840
3 AAC 31.350
AS 21.09.175 Determination of impairment.
AS 21.09.260 Penalties.
AS 21.22.170 Civil penalties for violations.
AS 21.27.140 Firm licenses.
AS 21.27.405 Hearing and order on violation.
AS 21.27.420 Procedure for suspending, revoking, or conditioning a license.
AS 21.27.440 Penalties.
AS 21.27.570 Operating requirements for controlling insurance producers.
AS 21.27.620 Operating requirements for managing general agents; actions for loss.
AS 21.27.650 Operating requirements for third-party administrators.
AS 21.27.690 Operating requirements for reinsurance intermediary brokers; actions for loss.
AS 21.27.760 Operating requirements for reinsurance intermediary managers; actions for loss.
AS 21.27.840 Trainee independent adjusters.
AS 21.33.900 Records of insureds.
AS 21.34.230 Penalties.
AS 21.36.910 Hearings and order on violation.
AS 21.57.150 Penalties.
AS 21.59.140 Provider license; notice to licensee.
AS 21.59.200 Examination, investigations, enforcement, and penalties.
AS 21.69.060 Solicitation permit.
AS 21.69.210 Penalty for exhibiting false accounts, etc.
AS 21.69.390 Home office and records.
AS 21.69.510 Illegal dividends.
AS 21.78.271 Recovery of premiums owed.
AS 21.86.200 Administrative procedures.
AS 21.96.090 Risk retention groups and purchasing groups.
AS 21.97.020 General civil penalty.

History

(Sec. 1 ch 120 SLA 1966; am Sec. 22 ch 149 SLA 1984; am Sec. 39, 40 ch 163 SLA 2004)