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← Series 63: Remedies & Administrative Provisions
Series 63 practice questioneasyAdministrator's power to compel testimony

If a witness outside the Administrator’s state refuses to appear for a subpoenaed testimony related to an investigation, which of the following is TRUE regarding the Administrator's options?

  1. ASeek enforcement in a court with jurisdiction or request assistance from the securities Administrator where the witness is located✓ Correct answer
  2. BThe Administrator may directly arrest the witness.
  3. CThe Administrator has no recourse if the witness is out-of-state.
  4. DThe Administrator may issue fines to out-of-state witnesses directly.
Explanation

Why A — Seek enforcement in a court with jurisdiction or request assistance from the securities Administrator where the witness is located

The Administrator cannot personally arrest or fine the witness. USA Section 407 permits court enforcement of subpoenas and permits one state Administrator to request another state's Administrator to issue and enforce a subpoena in the requested state.

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