215 ILCS 5/403
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXIV - Director Of Insurance, Hearings And Review

 (from Ch. 73, par. 1015)Sec. 403.     Power to subpoena and examine witnesses.(1) In the conduct of any examination, investigation or hearing provided  for by this Code, the Director or other officer designated by him or her to  conduct the same, shall have power to compel the attendance of any person  by subpoena, to administer oaths and to examine any person under oath  concerning the business, conduct or affairs of any company or person  subject to the provisions of this Code, and in connection therewith to  require the production of any books, records or papers relevant to the  inquiry.(2) If a person subpoenaed to attend such inquiry fails to obey the  command of the subpoena without reasonable excuse, or if a person in  attendance upon such inquiry shall, without reasonable cause, refuse to be  sworn or to be examined or to answer a question or to produce a book or  paper when ordered to do so by any officer conducting such inquiry, or if  any person fails to perform any act required hereunder to be performed,  he or she shall be required to pay a penalty of not more than $2,000  to be recovered in the name of the People of the State of Illinois by the  State's Attorney  of the county in which the violation occurs, and the penalty so recovered  shall be paid into the county treasury.(3) When any person neglects or refuses without reasonable cause to obey  a subpoena issued by the Director, or refuses without reasonable cause to  testify, to be sworn or to produce any book or paper described in the  subpoena, the Director may file a petition against such person in the  circuit court of the county in which the testimony is desired to be or has  been taken or has been attempted to be taken, briefly setting forth the  fact of such refusal or neglect and attaching a copy of the subpoena and  the return of service thereon and applying for an order requiring such  person to attend, testify or produce the books or papers before the  Director or his or her actuary, supervisor, deputy or examiner, at such  time or place as may be specified in such order. Any circuit court of this  State, upon the filing of such petition, either before or after  notice to such person, may, in the judicial discretion of such court, order  the attendance of such person, the production of books  and papers and the giving of testimony before the Director or any of his  or her actuaries, supervisors, deputies or examiners. If such person shall fail or  refuse to obey the order of the court and it shall appear to the court that  the failure or refusal of such person to obey its order is wilful, and  without lawful excuse, the court shall punish such person by fine or  imprisonment in the county jail, or both, as the nature of the case may  require, as is now, or as may hereafter be lawful for the court to do in  cases of contempt of court.(4) The fees of witnesses for attendance and travel shall be the same as  the fees of witnesses before the circuit courts of this State. When a  witness is subpoenaed by or testifies at the instance of the Director or  other officer designated by him or her, such fees shall be paid in the  same manner as other expenses of the Department. When a witness is subpoenaed  or  testifies at the instance of any other party to any such proceeding, the  cost of the subpoena or subpoenas duces tecum and the fee of the witness  shall be borne by the party at whose instance a witness is summoned. In  such case, the Department in its discretion, may require a deposit to cover  the cost of such service and witness fees.    (Source: P.A. 93-32, eff. 7-1-03.)