338.145. Board president may administer oaths and issue subpoenas--enforcement of subpoenas.
Board president may administer oaths and issue subpoenas--enforcementof subpoenas.
338.145. 1. The president of the board may, upon majority vote ofthe board, administer oaths, issue subpoenas duces tecum, and requireproduction of documents and records from any person or entity not licensedby the board when such documents and records are not otherwise available tothe board pursuant to the board's inspection authority granted in sections338.100 and 338.150. Subpoenas duces tecum shall be served by a personauthorized to serve subpoenas of courts of record. In lieu of requiringattendance of a person to produce original documents in response to asubpoena duces tecum, the board may require sworn copies of such documentsto be filed with it or delivered to its designated representative.
2. The board may enforce its subpoenas duces tecum by applying to thecircuit court of Cole County, the county of the investigation, hearing orproceeding, or any county where the records reside or may be found for anorder upon any person who shall fail to obey a subpoena duces tecum to showcause why such subpoena duces tecum should not be enforced, which suchorder and a copy of the application therefor shall be served upon theperson in the same manner as a summons in a civil action. If the circuitcourt shall, after a hearing, determine that the subpoena duces tecumshould be sustained and enforced, such court shall proceed to enforce thesubpoena duces tecum in the same manner as though the subpoena had beenissued in a civil case in the circuit court.
(L. 2004 S.B. 1122)