Subpoenas: Issuance; enforcement; penalty for failure to obey.
1. The Board or any member thereof may issue subpoenas for the attendance of witnesses and the production of books and papers.
2. The district court, in and for the county in which any hearing is held, may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the Board.
3. If any witness refuses to attend or testify or produce any books or papers required by a subpoena, the Board may file a petition ex parte with the district court, setting forth that:
(a) Notice has been given of the time and place for the attendance of the witness or the production of the books or papers;
(b) The witness has been subpoenaed by the Board pursuant to this section;
(c) The witness has failed or refused to attend or produce the books or papers required by the subpoena before the Board in the cause or proceeding named in the subpoena, or has refused to answer questions propounded to him in the course of the hearing; and
(d) The Board therefore requests an order of the court compelling the witness to attend and testify or produce the books or papers before the Board.
4. The court, upon such a petition, shall enter an order directing the witness to appear before the court at a time and place fixed by the court in the order, and then and there to show cause why he has not attended or testified or produced the books or papers before the Board. The time may not be more than 10 days after the date of the order. A certified copy of the order must be served upon the witness.
5. If the court determines that the subpoena was regularly issued by the Board, the court shall thereupon enter an order that the witness appear before the Board at the time and place fixed in the order, and testify or produce the required books or papers. Failure to obey the order is a contempt of the court that issued the order.
Last modified: February 27, 2006