Enforcement of subpoena issued by agency.
1. The district court for the county in which any investigation or hearing is being conducted by the agency for enforcement pursuant to the provisions of this chapter may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by a subpoena issued by the agency.
2. If any witness refuses to attend or testify or produce any papers required by a subpoena, the agency may report to the district court for the county in which the investigation or hearing is pending by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) The witness has been subpoenaed in the manner prescribed in this chapter; and
(c) The witness has failed or refused to attend or produce the papers required by subpoena before the agency in the investigation or hearing named in the subpoena, or has refused to answer questions propounded to him in the course of the investigation or hearing,
Ê and asking for an order of the court compelling the witness to attend and testify or produce the books or papers before the agency.
3. Upon such petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the agency. A certified copy of the order must be served upon the witness.
4. If it appears to the court that the subpoena was regularly issued by the agency, the court shall enter an order that the witness appear before the agency at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.
Last modified: February 26, 2006