(205 ILCS 635/4-3)
(from Ch. 17, par. 2324-3)
Subpoena power of the Commissioner.
(a) The Commissioner
shall have the power to issue and to serve subpoenas and subpoenas duces
tecum to compel the attendance of witnesses and the production of all
books, accounts, records and other documents and materials relevant to an
examination or investigation. The Commissioner or his or her duly
authorized representative, shall have power to administer oaths and
affirmations to any person.
(b) In the event of noncompliance with a subpoena or subpoena duces
tecum issued or caused to be issued by the Commissioner, the Commissioner
may petition the circuit court of the county in which the person subpoenaed
resides or has its principal place of business for an order requiring the
subpoenaed person to appear and testify and to produce such books,
accounts, records and other documents as are specified in the subpoena
duces tecum. The court may grant injunctive relief restraining the person
from advertising, promoting, soliciting, entering into, offering to enter
into, continuing, or completing any residential mortgage financing
transaction or residential mortgage servicing transaction. The court may
grant such other relief, including, but not limited to, the
restraint, by injunction or appointment of a receiver, of any transfer,
pledge, assignment or other disposition of the person's assets or any
concealment, alteration, destruction or other disposition of books,
accounts, records or other documents and materials as
the court deems appropriate, until the person has fully complied with the
subpoena or subpoena duces tecum and the Commissioner has completed an
investigation or examination.
(c) When it shall appear to the Commissioner that the compliance with a
subpoena or subpoena duces tecum issued or caused to be issued by the
Commissioner pursuant to this Section is essential to an investigation or
examination, the Commissioner, in addition to the other remedies provided
for herein, may apply for relief to the circuit court of the county in
which the subpoenaed person resides or has its principal place of business.
The court shall thereupon direct the issuance of an order against the
subpoenaed person requiring sufficient bond conditioned on compliance with
the subpoena or subpoena duces tecum. The court shall cause to be endorsed
on the order a suitable amount of bond or payment pursuant to which the
person named in the order shall be freed, having a due regard to the nature of the case.
(d) In addition, the Commissioner may seek a writ of attachment or an
equivalent order from the circuit court having jurisdiction over the person
who has refused to obey a subpoena, who has refused to give testimony or
who has refused to produce the matters described in the subpoena duces tecum.
(Source: P.A. 85-735.)