KRS 304.2-340: Witnesses and evidence.

(1) The commissioner or an authorized designee conducting a hearing, examination, or

investigation by his or her authority shall have power to subpoena witnesses,

compel their attendance, administer oaths, examine any person under oath relative

to the subject of the hearing, examination, or investigation, and to compel any

person to subscribe to his or her testimony after it has been correctly reduced to

writing, and, in connection therewith, to require the production of any books,

papers, records, corresponden ce, or other documents which the commissioner

deems relevant to the inquiry.

(2) A subpoena issued pursuant to this section shall have the same force and effect as if

issued from a court of record.

(3) A subpoena issued pursuant to this section shall be se rved in the same manner as if

issued from a court of record, except a subpoena may be served upon any person

holding a license or a certificate of authority from the commissioner or upon the

employee of the person or entity in the same manner as other orde rs and notices are

served, as provided in KRS 304.2-120.

(4) If any individual or licensee refuses to comply with a subpoena or to testify as to

any matter concerning which the individual or licensee may be lawfully

interrogated:

(a) The Circuit Court of t he county wherein the examination, investigation, or

hearing is being conducted or of the county wherein the individual or licensee

resides, on the commissioner's application may, after summary hearing, issue

an order requiring the individual or licensee t o comply with the subpoena and

to testify; and failure to obey an order may be punished by the court as a

contempt thereof; and

(b) The commissioner may suspend or revoke the certificate of authority or

license of any licensee or impose an administrative f ine, or both, for failure of

the licensee or the employee of any licensee to comply.

(5) Witness fees and mileage, if claimed, shall be allowed the same as for testimony in

a Circuit Court, but no officer, director, agent or employee of an insurer or perso n

being examined or investigated shall be entitled to witness or mileage fees.

(6) Any individual willfully testifying falsely under oath as to any material to any

examination, investigation, or hearing shall upon conviction thereof be guilty of

perjury.