California, United States of America
The following excerpt is from People v. Pappalardo, 12 Cal.App.4th 1723, 16 Cal.Rptr.2d 512 (Cal. App. 1993):
[12 Cal.App.4th 1730] After summarizing the Government Code sections authorizing investigations by the department of corporations, the Barnes court holds that sections 11187 and 11188 of such code provide for "securing enforcement orders". (Barnes v. Molino, supra, 103 Cal.App.3d at p. 50, 162 Cal.Rptr. 786.) To emphasize the limited role of the examination officer the court adds: "Of course department heads cannot compel the production of evidence in disregard of the privilege against self-incrimination or the constitutional provisions prohibiting unreasonable searches and seizures." (Id. at p. 52, 162 Cal.Rptr. 786.) Orders compelling testimony can only be made at a hearing before a superior court, pursuant to Government Code section 11188, where the court can evaluate claims of privilege under the authority of Government Code section 11186. (Barnes, supra, at pp. 55-56, 162 Cal.Rptr. 786.) If a valid claim of privilege exists, the court may still compel the witness to answer questions "inasmuch as by doing so she would receive a statutory grant of immunity pursuant to Corporations Code section 25531, subdivision (e)." (Id. at p. 56, 162 Cal.Rptr. 786.)
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