77-22a-1 - Administrative subpoenas -- Controlled substances investigations -- Procedures -- Witness fees.
77-22a-1. Administrative subpoenas -- Controlled substances investigations --Procedures -- Witness fees.
(1) (a) The administrative subpoena process of this chapter may be used only to obtainthird party information under circumstances where it is clear that the subpoenaed information isnot subject to a claim of protection under the Fourth, Fifth, or Sixth Amendment, United StatesConstitution, or a similar claim under Article I, Sec. 12 and Sec. 14, Utah Constitution.
(b) A party subpoenaed under this chapter shall be advised by the subpoena that he has aright to challenge the subpoena by motion to quash filed in the appropriate district court named inthe subpoena before compliance is required.
(2) In any investigation relating to his functions under this chapter regarding controlledsubstances, the attorney general or a deputy or assistant attorney general the county attorney or adeputy county attorney, or the district attorney or deputy district attorney may subpoenawitnesses, compel the attendance and testimony of witnesses, or require the production of anyrecords including books, papers, documents, and other tangible things that constitute or containevidence found by the attorney general or a deputy or assistant attorney general or the countyattorney or district attorney as provided under Sections 17-18-1 and 17-18-1.7 or his deputy to berelevant or material to the investigation. The attendance of witnesses or the production of recordsmay be required from any place within the state.
(3) Witnesses subpoenaed under this section shall be paid the same fees and mileagecosts as witnesses in the state district courts.
(4) If the attorney general or a deputy or assistant attorney general or the county attorneyor district attorney or his deputy determine that disclosure of the existence of an administrativesubpoena or of the information sought or of the existence of the investigation under which it isissued would pose a threat of harm to a person or otherwise impede the investigation, thesubpoena shall contain language on its face directing that the witness not disclose to any personthe existence or service of the subpoena, the information being sought, or the existence of aninvestigation.
Amended by Chapter 38, 1993 General Session