(1) The department may issue subpoenas, take the testimony of any person under oath, administer oaths, and require for the purpose of examination the production of books, papers, or other tangible evidence relating to a complaint of discrimination filed under this chapter.
(2) The department's staff may request that a subpoena relating to a matter under investigation be issued by the commissioner or the commissioner's authorized representative. The authorized representative may not be involved in enforcement of human rights. The commissioner may subpoena witnesses, take testimony under oath, administer oaths, and require the production of books, papers, or other tangible evidence for examination relating to the matter under investigation.
(3) Subpoenas issued pursuant to this section may be enforced as provided in 2-4-104 of the Montana Administrative Procedure Act.