44-1032. Responsibility for and review of compliance with act; subpoenas; access to premises; oaths and depositions; failure to obey court order, effect; immunity of witnesses from prosecution; perjur
44-1032
44-1032. Responsibility for and review of compliance with act;subpoenas; access to premises; oaths and depositions; failure to obeycourt order, effect; immunity of witnesses from prosecution; perjury.The contracting agency shall be responsible for assuring compliance withthe provisions of K.S.A. 44-1030. The commission, onits own motion or at the request of the contracting agency, may reviewcompliance with the provisions of this act. In conducting such reviews,the commission may subpoena witnesses, compel their appearance, requirethe production for examination of records, documents and other evidenceor possible sources of evidence and may examine, record and copy suchmaterials and take and record the testimony or statements of suchpersons. The commission may issue subpoenas to compel access to or theproduction of such materials, or the appearance of such persons, and mayissue interrogatories to a respondent, to the same extent and subject tothe same limitations as would apply if the subpoena or interrogatorieswere issued or served in aid of a civil action in the district court.The commission shall have access at all reasonable times to premises andmay compel such access by application to a court of competentjurisdiction: Provided, however, That the commission first complieswith the provisions of article 15 of the Kansas bill of rights and thefourth amendment to the United States constitution relating tounreasonable searches and seizures. The commission may administer oathsand take depositions to the same extent and subject to the samelimitations as would apply if the deposition was taken in aid of a civilaction in the district court. In case of the refusal of any person tocomply with any subpoena, interrogatory or search warrant issuedhereunder, or to testify to any matter regarding which he may belawfully questioned, the district court of any county may, uponapplication of the commission, order such person to comply with suchsubpoena or interrogatory and to testify; and failure to obey thecourt's order may be punished by the court as contempt. No person shallbe prosecuted or subjected to any penalty or forfeiture for or onaccount of any transaction, matter or thing concerning which hetestifies or produces evidence, except that such person so testifyingshall not be exempt from prosecution and punishment for perjurycommitted in so testifying. The immunity herein provided shall extendonly to natural persons.
History: L. 1972, ch. 194, § 16; July 1.