SECTION 135:1-5-2. Subpoenas  


Latest version.
  • (a)   Issuance of subpoenas. For the attendance of witnesses, or for the production of documents, subpoenas may be issued by the Director of the Commission, by any elected officer of the Commission, or by any member of the Commission who has been granted authority to issue subpoenas by a majority of the members of the Commission.
    (b)   Refusal to obey subpoena or to testify.
    (1)   Upon the failure of any person to obey a subpoena, or upon the refusal of any witness to be sworn or make an affirmation or to answer a question in the course of a public hearing, the presiding officer shall immediately notify the Director.
    (2)   The Director shall seek voluntary compliance with the subpoena through consultation with the state or private agency that is the employer of the subpoenaed witness. If that effort fails, the Director has the authority to seek a court order to compel compliance with the subpoena with the assistance of the Office of the Attorney General.
    (3)   During the time compliance is sought, the public hearing shall proceed, so far as is possible. However, the presiding officer or the Director may continue the proceedings until such time as may be necessary to secure a final ruling in the compliance proceedings.
[Source: Amended at 11 Ok Reg 4175, eff 7-25-94]