§ 21-28-3.25 - Subpoena powers.
SECTION 21-28-3.25
§ 21-28-3.25 Subpoena powers. – The director of health shall have power to administer oaths, summon and examinewitnesses, and order the production and examination of books, accounts, papers,records, and documents in any proceedings within the jurisdiction of thedepartment. All subpoenas, and orders for the production of books, accounts,papers, records, and documents shall be signed and issued by the director ofhealth and served as subpoenas in civil cases in the superior court are nowserved, or in lieu of that service served by an officer, agent, orrepresentative designated by the director of health. If the person subpoenaedbefore the director of health fails to obey the command of the subpoena withoutreasonable cause, or if a person in attendance before the director of healthshall, without reasonable cause, refuse to be sworn, or to be examined, or toanswer a legal or pertinent question, or if any person shall fail to producethe books, accounts, papers, records, and documents material to the issue, setforth in an order duly served on him or her, the director of health may applyto any justice of the superior court of any county, upon proof of affidavit ofthe fact, for a rule or order returnable in not less than two (2) nor more thanfive (5) days, directing that person to show cause before the justice who madethe order to any other justice why he or she should not be adjudged incontempt. Upon the return of the order the justice before whom the matter isbrought on for a hearing shall examine under oath that person, and that personshall be given an opportunity to be heard, and if the justice shall determinethat the person has refused without reasonable cause or legal excuse to beexamined or to answer a legal and pertinent question, or to produce books,accounts, papers, records, and documents, material to the issue which he or shewas ordered to bring or produce, he or she may immediately commit the offenderto jail, there to remain until the offender submits to do the act which he orshe was required to do, or is discharged according to law; provided, that noperson testifying shall be exempt from prosecution or punishment for anyperjury committed by him or her in his or her testimony.