39-7,144. Subpoena; service; enforceability.
39-7,144
39-7,144. Subpoena; service;enforceability.(a) In any title IV-D case, the secretary may issue a subpoenapursuant tothis section to obtain information about the responsible parent's whereaboutsor finances if the information is needed to establish,modify or enforce a support order. The subpoena shall require the person towhom it isdirected to produce a copy of the records designated in the subpoena or, ifapplicable, to complete a form furnished pursuant to subsection (c). At least14 days shall be allowed for compliance with the subpoena.A subpoena issued pursuant to this section shall be subject to defenses whichwould apply if the subpoena had been issued by a court of this state.
(b) A subpoena issued pursuant to this section shall be servedonly by personal service or registered mail, return receipt requested.
(c) The secretary may furnish with the subpoena a form requesting specificinformation from the records of the person to whom the subpoena is directed. The person may elect to furnish the copy of the designated records or tocomplete the form in full. If the person completes the form in full andreturns it to the secretary's authorized agent by mail or otherwise within thetime allowed, it shall be sufficient compliance with the subpoena.
(d) Except as otherwise provided in this subsection or subsection (c), theperson to whom a subpoena is directed shall comply with the subpoena bydelivering to the secretary's authorized agent by mail or otherwise a swornstatement and a true and correct copy of the records designated in thesubpoena. The sworn statementshall certify that the copy delivered by the person is a true and correct copyof the records designated in the subpoena. When more than one personhas custody of the records or has knowledge of the facts required to be statedin the sworn statement, more than one sworn statement may be made.
If the person has none of the records designated in the subpoena, or onlypart thereof, the person shall so state in the sworn statement and shall send acopy of those records of which the person has custody.
(e) Before the time specified in the subpoena for compliance therewith, theperson to whom the subpoena is directed may request: (1) An administrativehearing to review all or part ofthe subpoena by complying with procedures established by the secretary forrequesting such a review; or (2) a de novo court review pursuant to K.S.A.39-7,139,and amendments thereto. The person shallcomply with any portion of the subpoena for which review is not requested.If the subpoena is served by mail, the time for requesting review shall beextended by three days. If the request for review is made within the timeallowed, the effect of the subpoena shall be stayed pending resolution of thereview. Upon request, the presiding officer may limit the stay to the mattersunder review.
(f) Except as otherwise provided in this subsection, a subpoena issuedpursuant to this section whose effect has not been stayed may be enforcedpursuant to the civil enforcement provisions of the act for judicial review andcivil enforcement of agency actions, K.S.A. 77-601, et seq., andamendmentsthereto, after the time for compliance with the subpoena has expired. Asubpoena issued pursuant to this section shall not be enforceable more than twoyears after the date of issuance shown on the face of the subpoena.
History: L. 1997, ch. 182, § 13; July 3.