§ 41-2-5 - Subpoena powers of board – Rules and regulations.
SECTION 41-2-5
§ 41-2-5 Subpoena powers of board –Rules and regulations. – (a) The members of the racing and athletics hearing board are hereby severallyauthorized and empowered to administer oaths; and the board, in all cases ofevery nature pending before it, is hereby authorized and empowered to summonand examine witnesses and to compel the production and examination of papers,books, accounts, documents, records, certificates, and other legal evidencethat may be necessary or proper for the determination and decision of anyquestion before or the discharge of any duty required by law of the board.
(b) All subpoenas and subpoenas duces tecum shall be signedby the chairperson or, in the absence or disqualification of the chairperson,by any other member thereof, and shall be served as subpoenas are now served incivil cases in the superior court; and witnesses so subpoenaed shall beentitled to the same fees for attendance and travel as are now provided forwitnesses in civil cases in the superior court. If any person fails to obey thecommand of any subpoena, without reasonable cause, or if a person in attendancebefore the board shall, without reasonable cause, refuse to be sworn, or to beexamined, or to answer a legal and pertinent question, the board may apply toany justice of the superior court, upon proof by affidavit of the fact, for arule or order returnable in not less than two (2) or more than five (5) days,directing the person to show cause why he or she should not be adjudged incontempt.
(c) Upon the return of an order, the justice before whom thematter is brought for a hearing shall examine under oath the person and theperson shall be given an opportunity to be heard, and if the justice shalldetermine that the person has refused without reasonable cause or legal excuseto be examined, or to answer a legal and pertinent question, or to producebooks, accounts, papers, records, and documents, material to the issue, whichhe or she was ordered to bring or produce, he or she may forthwith commit theperson to the adult correctional institutions, there to remain until he or shesubmits to do the act which he or she was so required to do, or is dischargedaccording to law.
(d) The board shall have power to adopt reasonable rules andregulations governing the procedure to be followed in any matter that may comebefore it for hearing.