Investigations; powers of office; subpoenas; discovery orders; per
diem and mileage allowance
Sec. 8. (a) Regardless of the extent of the investigation conducted
by a fire department under IC 36-8-17-7, the office may conduct an
investigation into the causes and circumstances surrounding any fire
or explosion.
(b) To carry out this section, the office may:
(1) exercise its powers under section 4 of this chapter;
(2) assist a prosecuting attorney with any criminal investigation;
(3) subpoena witnesses and order the production of books,
documents, and other evidence;
(4) give oaths and affirmations;
(5) take depositions and conduct hearings;
(6) separate witnesses and otherwise regulate the course of
proceedings; and
(7) obtain and secure evidence.
(c) Subpoenas, discovery orders, and protective orders issued
under this section shall be enforced under IC 4-21.5-6-2.
(d) A person who is summoned and testifies under this section is
entitled to receive a minimum salary per diem and a mileage
allowance from the fire and building services fund. The budget
agency shall set the amount of the per diem and mileage allowance.
(e) The state fire marshal and the investigators in the arson
division of the office of the state fire marshal have law enforcement
authority at all times while discharging their duties under this section
as employees of the department.
(f) The executive director of the fire and building services
department has law enforcement authority at all times while
discharging the duties of the executive director under this section.
As added by P.L.245-1987, SEC.3. Amended by P.L.5-1988,
SEC.120; P.L.38-1990, SEC.5; P.L.13-1994, SEC.10; P.L.167-1997,
SEC.5; P.L.30-1998, SEC.2.
Last modified: May 27, 2006