Section 20-1010 - Power of Commission to administer oaths and issue subpoenas; service and enforcement of subpoenas.
§ 20-1010. Power of Commission to administer oaths and issue subpoenas; service and enforcement of subpoenas.
(a) Power of Commission to administer oaths and issue subpoenas.- In the administration and enforcement of this title, the Commission may:
(1) administer oaths;
(2) issue subpoenas;
(3) compel the attendance and testimony of witnesses; and
(4) compel the production of books, papers, records, and documents relevant or necessary for proceedings under this title.
(b) Service of subpoena.- A subpoena issued by the Commission shall be served by:
(1) certified mail, requesting restricted delivery - show to whom, date, address of delivery; or
(2) personal service of process by:
(i) an employee of the Commission;
(ii) any adult who is not a party to the proceeding; or
(iii) the sheriff or deputy sheriff of the county in which is located the residence or main office of the person to whom or which the subpoena is issued.
(c) Enforcement of subpoena.-
(1) In case of failure to comply with a subpoena, the Commission may apply to a circuit court in any county for an order requiring the attendance and testimony of witnesses and the production of books, papers, records, and documents.
(2) The court may issue an order requiring the attendance and testimony of the witness and the production of the books, papers, records, and documents:
(i) after notice to the person subpoenaed as a witness or directed to produce books, papers, records, and documents; and
(ii) on a finding that the attendance and testimony of the witness or the production of the books, papers, records, and documents is relevant or necessary for the proceedings of the Commission.
(3) An order issued by the court under this subsection shall be served on the person to whom it is directed by the sheriff or deputy sheriff of the county where the residence or main office of the person is located.
(4) A failure to obey an order issued by the court under this subsection may be punished by the court as a contempt of court.
[An. Code 1957, art. 49B, § 11(d); 2009, ch. 120, § 2.]