Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 3 - Motor Vehicle Sales Finance › Chapter 79 - Powers of Commission › Section V-7901 - Subpoenas and Oaths

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission
				  shall have the power to issue subpoenas to compel the attendance of witnesses
				  and the production of documents, papers, books, records, and other evidence
				  before it in any matter over which it has jurisdiction, control, or supervision
				  pertaining to this Chapter. The commission shall have the power to administer
				  oaths and affirmations to any person whose testimony is required.
B. Whenever a person becomes licensed by the
				  commission, pursuant to this Chapter, such person shall provide a physical
				  address to the commission that may be used as a basis for service or
				  notification of any order or other issuance or communication by the commission
				  to such person. Whenever such person changes his physical address, it shall
				  notify the commission at least 30 days prior to the change. Notification or
				  service of any order, notice, or other issuance or communication by the
				  commission by certified mail to the address most recently provided to the
				  commission by the person shall satisfy all requisites of service required for
				  any registration, administrative enforcement, or other action, undertaken by
				  the commission pursuant to the Administrative Procedure Act or otherwise, in
				  connection with such person.
C. If
				  any person shall refuse to obey any such subpoena, to give testimony, or to
				  produce evidence thereby, the commission may apply to the 24th Judicial
				  District Court for the Parish of Jefferson for an order awarding process of
				  subpoena or subpoena duces tecum out of the district court for the witness to
				  appear before the commission and to give testimony and to produce evidence as
				  required thereby.
D. If any person
				  served with any such subpoena shall refuse to obey the same and to give
				  testimony and to produce evidence as required there, the commission may apply
				  to the 24th Judicial District Court for the Parish
				  of Jefferson for an attachment against such person, as for a
				  contempt.
E. The commission, if it
				  has reason to believe that any licensee or any other person has violated any of
				  the provisions of this Chapter relating to motor vehicle credit transactions
				  shall have the power to make such investigations as it shall deem necessary
				  and, to the extent necessary for this purpose, the commission may examine such
				  licensee or any other person and shall have the power to compel the production
				  of all relevant books, records, accounts and documents.
F. Any consumer having reason to believe that
				  this Chapter relating to the consumer's motor vehicle credit transaction has
				  been violated may file with the commission a written complaint setting forth
				  the details of such alleged violation. The commission, upon receipt of such
				  complaint, may inspect the pertinent books, records, letters of the lessee and
				  of the consumer involved relating to such specific written complaint.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 6:969.40(D).