§ 46-23-20.6 - Oaths – Subpoenas – Powers of hearing officers.
SECTION 46-23-20.6
§ 46-23-20.6 Oaths – Subpoenas –Powers of hearing officers. – The hearing officers are hereby severally authorized and empowered toadminister oaths, and the hearing officers, in all cases of every naturepending before them, are hereby authorized and empowered to summon and examinewitnesses and to compel the production and examination of papers, books,accounts, documents, records, certificates and other legal evidence that may benecessary or proper for the determination and decision of any question beforeor the discharge of any duty required by law of the hearing officer. Allsubpoenas and subpoena duces tecum shall be signed by a hearing officer or thecommissioner of coastal resources, and shall be served as subpoenas are servedin civil cases in the superior court; and witnesses so subpoenaed shall beentitled to the same fees for attendance and travel as are provided forwitnesses in civil cases in the superior court. In cases of contumacy orrefusal to obey the command of the subpoena so issued, the superior court shallhave jurisdiction upon application of the council with proof by affidavit ofthe fact, to issue a rule or order returnable, in not less than two (2) normore than five (5) days, directing the person to show cause why he or sheshould not be adjudged in contempt. Upon return of such order, the justice,before whom the matter is brought for hearing, shall examine under oath theperson, and the person shall be given an opportunity to be heard, and if thejustice shall determine that the person has refused without reasonable cause orlegal excuse to be examined or to answer legal or pertinent questions, he orshe may impose a fine upon the offender or forthwith commit the offender to theadult correctional institutions, there to remain until he or she submits to dothe act which he or she was so required to do, or is discharged according tolaw.