SECTION 765:2-3-9. Subpoenas  


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  • (a)   Witnesses. Subpoenas for the attendance of witnesses, and/or for the furnishing of information required by the Commission, and/or for the production of evidence or records of any kind shall be issued by the Executive Director of the Commission. Subpoenas shall be served and a return made in any manner prescribed by general civil law.
    (b)   Sanctions. Upon the failure of any person to obey a subpoena, upon the refusal of any witness to be sworn or make an affirmation, or to answer a lawful question put to him/her in the course of the hearing, the Executive Director may institute appropriate judicial proceedings under the laws of the state for an order to compel compliance with the subpoena or the giving of testimony, as the case may be. The hearing shall proceed, so far as it is possible, but the hearing officer or the Commission, in its discretion, at any time may continue the proceedings for such time as may be necessary to secure a final ruling in the compliance proceeding.