Power of district court to compel attendance of witness and production of books and papers.
1. The district court in and for the county in which any hearing may be held by the Board shall have the power to 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.
2. In case of the refusal of any witness to attend or testify or produce any books and papers required by a subpoena, the Board may report to the district court in and for the county in which the hearing is pending, by petition setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of books or papers;
(b) That the witness has been subpoenaed in the manner prescribed by this chapter; and
(c) That the witness has failed and refused to attend or produce the books or papers required by 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,
Ê and ask an order of the court compelling the witness to attend and testify or produce the books or papers before the Board.
3. The court, upon petition of the Board, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the 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 Board. A certified copy of the order shall be served upon the witness.
4. If it shall appear to the court 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. Upon failure to obey the order the witness shall be dealt with as for contempt of court.
Last modified: February 27, 2006