198.174. Fraud investigation director may hold hearings, take oaths--procedure on failure to testify--confidentiality of recorders--penalties.
Fraud investigation director may hold hearings, take oaths--procedureon failure to testify--confidentiality of recorders--penalties.
198.174. 1. For the purpose of any investigation orproceeding under sections 198.158 to 198.171, the director offraud investigation or any officer designated by him mayadminister oaths and affirmations, subpoena witnesses, compeltheir attendance, take testimony, require answers to writteninterrogatories and require production of any books, papers,correspondence, memoranda, agreements or other documents orrecords which the director of fraud investigation deems relevantand material to the inquiry.
2. In the case of contumacy by, or refusal to obey asubpoena issued to, any person, the circuit court of any countyof the state or the city of St. Louis, upon application by thedivision director may issue to the person an order requiring himto appear before the division director, or the officer designatedby him, there to produce documentary evidence if so ordered or togive testimony or answer interrogatories touching the matterunder investigation or in question in accordance with the formsand procedures otherwise authorized by the Rules of CivilProcedure. The court may make any order which justice requiresto protect any person from undue annoyance, embarrassment,expense or oppression. Failure to obey the order of the courtmay be punished by the court as a contempt of court.
3. Notwithstanding the provisions of section 326.151, RSMo,the accountant-client privilege recognized therein shall not,upon a knowing and intelligent waiver by any person subject tosections 198.003 to 198.186, constitute a defense and shall notapply to a subpoena under this section and shall not apply incourt proceedings instituted pursuant to sections 198.139 to198.186.
4. Information or documents obtained under this section bythe director of the fraud investigation division shall not bedisclosed except in the course of civil or criminal litigation orto another prosecutorial or investigative agency, or to thedivisions of the department.
5. Anyone improperly disclosing information obtained underthis section is guilty of a class A misdemeanor.
6. The provisions of this section do not repeal existingprovisions of law and shall be construed as supplementarythereto.
(L. 1979 S.B. 328, et al. § 56)Effective 7-1-79