§ 2-1-11 - Administration of oaths – Subpoena of witnesses and papers.
SECTION 2-1-11
§ 2-1-11 Administration of oaths –Subpoena of witnesses and papers. – The director of environmental management and the director of health have thepower to administer oaths, summon and examine witnesses and order theproduction and examination of books, accounts, papers, records and documents inany proceeding within the jurisdiction of these directors. All subpoenas, andorders for the production of books, accounts, papers, records and documentsshall be signed and issued by the directors and served as subpoenas in civilcases in the superior court as now served, and witnesses so subpoenaed shall beentitled to the same fees for attendance and travel as provided for witnessesin civil cases in the superior court. If the person subpoenaed to attend beforethe directors fails to obey the command of the subpoena without reasonablecause, or if a person in attendance before the directors, without reasonablecause, refuses to be sworn, or to be examined, or to answer a legal andpertinent question, or if any person refuses to produce the books, accounts,papers, records and documents material to the issue, set forth in an order dulyserved on the person, the directors, as the case may be, may apply to anyjustice of the superior court for any county, upon proof by affidavit of thefact, for a rule or order returnable in not less than two (2) nor more thanfive (5) days, directing the person to show cause before the justice who madethe order or any other justice, why the person should not be adjudged incontempt. Upon the return of the order, the justice before whom the matter isbrought for a hearing shall examine under oath the person, and the person shallbe given an opportunity to be heard, and if the justice determines that theperson has refused without reasonable cause or legal excuse to be examined orto answer a legal and pertinent question, or to produce books, accounts,papers, records and documents, material to the issue, which the person wasordered to bring or produce, the justice may forthwith commit the offender tojail, to remain until the person submits to do the act which the person wasrequired to do, or is discharged according to law.