Records; subpoenas; enforcement
Sec. 8. (a) The board, the review board, or the administrative law
judge, or the duly authorized representative of any of them, at any
such hearing shall have power to administer oaths to any such person
or persons. When any person called as a witness by such subpoena,
duly signed, and served upon him by any duly authorized person or
by the sheriff of the county of which such person is a resident, or
wherein is located the principal office of such employing unit or
wherein such records are located or kept, shall fail to obey such
subpoena to appear before the board, the review board, or the
administrative law judge, or the authorized representative of any of
them, or shall refuse to testify or to answer any questions, or to
produce any book, record, paper, or other data when notified and
demanded so to do, such failure or refusal shall be reported to the
attorney general for the state of Indiana who shall thereupon institute
proceedings by the filing of a petition in the name of the state of
Indiana on the relation of the board, in the circuit court or superior
or other court of competent jurisdiction of the county where such
witness resides, or wherein such records are located or kept, to
compel obedience of and by such witness.
(b) Such petition shall set forth the facts and circumstances of the
demand for and refusal or failure to permit the examination or
copying of such records or the failure or refusal of such witness to
testify in answer to such subpoena or to produce the records so
required by such subpoena. Such court, upon the filing and docketing
of such petition shall thereupon promptly issue an order to the
defendants named in said petition, to produce forthwith in such court
or at a place in such county designated in such order, for the
examination or copying by the board, the review board, an
administrative law judge, or the duly authorized representative of any
of them, the records, books, or documents so described and to testify
concerning matters described in such petition. Unless such
defendants to such petition shall appear in said court upon a day
specified in such order, which said day shall be not more than ten
(10) days after the date of issuance of such order, and offer, under
oath, good and sufficient reasons why such examination or copying
should not be permitted, or why such subpoena should not be
obeyed, such court shall thereupon deliver to the board, the review
board, administrative law judge, or representative of any of them, for
examination or copying, the records, books and documents so
described in said petition and so produced in such court and shall
order said defendants to appear in answer to the subpoena, and to
testify concerning the subject matter of the inquiry. Any employing
unit, or any officer, member, or agent thereof, or any other persons
having possession of the records thereof who shall willfully disobey
such order of the court after the same shall have been served upon
him, shall be guilty of indirect contempt of such court from which
such order shall have issued and may be adjudged in contempt of
said court and punished therefor as provided by law.
(Formerly: Acts 1947, c.208, s.2008.) As amended by P.L.135-1990,
SEC.19.
Last modified: May 27, 2006