66-150. Witnesses, process and depositions; penalties for obstruction or refusal to give information; immunity of witnesses; taxation of costs.
66-150
66-150. Witnesses, process and depositions; penalties for obstructionor refusal to give information; immunity of witnesses; taxation of costs.The commission or any member thereof is empowered to issue subpoenasand administer oaths; and any person who may willfully obstruct saidcommission, or any member thereof, in the performance of the commission's duties shallbe deemed guilty of a class B misdemeanor.
Each witness who shallappear before the commission, or any member thereof, in answer to asubpoena, shall receive for his or her attendance the same fees and mileageas are provided by law for witnesses attending in the district courts. When the commission is liable for the payment of such fees and mileage,the same shall be paid in the manner other expenses of the commission arepaid, upon the presentation of propervouchers, sworn to by such witness and approved by the chairperson of thecommission or by a person or persons designated by the chairperson.
If any witness shall fail or refuse to obey a subpoena, saidcommission or any member thereof may apply to any district court or judgethereof for an order and an attachment for said witness, directed to anysheriff of the state of Kansas, and which said court or judge may issue,and compel him or her to attend before the commission, or any member thereof, andgive his or her testimony and answer any question upon such matters as shall belawfully required of him or her. If a witness, after being duly summoned andordered by any such court or judge, shall fail or refuse to attend, or toanswer any question propounded to such witness, and which he or she would be required toanswer if in a court, such court or judge shall have the power to fine andimprison such witness for contempt. The claim that any such testimony maytend to criminate the person giving it shall not excuse such witness fromtestifying, but such evidence or testimony shall not be used against suchperson on the trial of any criminal proceedings, nor shall such person be liable tocriminal prosecution for or on account of any transaction, matter or thingconcerning which he or she may so testify. In lieu of compelling the personalattendance of witnesses, the commissionmay issue properprocess and take depositions in the manner depositions are taken in civil casesin district court.
The sheriff executing any process under the provisions of this section,or under any other provisions of this act, shall receive such compensationas may be allowed by the commission, not to exceed fees provided by law forsimilar service in civil cases. The commission is authorized to tax allcosts of hearings to parties or the state, as in its judgment shall bejust.
History: R.S. 1923, 66-150; L. 1976, ch. 286, § 1; July 1.