§ 2-50. Oaths, testimony and the production of records.
Latest version.
The hearing examiner shall have the power to administer oaths. When an appeal has
been timely requested, the Director, at the written request of any interested party,
may subpoena witnesses and may, with the approval of the Manager, compel the production
of records, books or papers. Should the Director without good cause refuse to subpoena
witnesses or request the Manager's approval for compelling the production of books,
records or papers, or should the Manager, having been so requested without good cause,
fail to compel the production of books, records or papers, then and in either event,
any interested party may, without cost to the petitioner, petition the court of appropriate
jurisdiction to order the appearance of any witness or witnesses or order the production
of any books, records or papers necessary to a fair and proper hearing before the
hearing examiner. Failure of any witness ordered to appear or failure of any person
ordered to produce books, records or papers may constitute a contempt of court and
may be punishable as may any other contempt of the court of appropriate jurisdiction.
If any witness fails to honor a subpoena, the party requesting the same may apply
to the court of appropriate jurisdiction for a rule to show cause why the witness
should not appear and if after being ordered to appear by the court, the witness fails
to comply therewith, the court after due notice and hearing may adjudge the witness
in contempt of court and punish him accordingly. The subpoenaing party shall bear
the cost of such subpoena.
