§ 12-18-802 - Subpoenas -- Form. - Arkansas Statutes

12-18-802. Subpoenas -- Form.

(a) When the Department of Human Services conducts an administrative hearing, the chief counsel of the department may require the attendance of witnesses and the production of books, records, or other documents through the issuance of subpoenas when that testimony or information is necessary to adequately present the position of the department, the investigating agency, or the alleged offender.

(b) Failure to obey the subpoena may be deemed contempt, punishable accordingly.

(c) Requests for subpoenas shall be granted by the chief counsel of the department or a designee if the testimony or documents desired are considered necessary and material without being unduly repetitious of other available evidence.

(d) Subpoenas issued pursuant to the authority of the chief counsel of the department shall be substantially in the following form:



"The State of Arkansas to the Sheriff of _______________________________________County: You are commanded to subpoena (name)______________________,

(address)___________________________________, to attend a proceeding before the Department of Human Services to be held at_________________ on the day of_____, 20_____, at _____m., and testify and/or produce the following books, records, or other documents, to wit: in a matter of (style of proceeding)_________________to be conducted under the authority of_________________. WITNESS my hand this____________________ day of_____, 20_____.



______________________ Chief Counsel or designee, Department of Human Services".



(e) (1) Subpoenas issued under this section shall be served in the manner as now provided by law, returned, and a copy made and kept by the department.

(2) The fees and mileage for officers serving the subpoenas and witnesses answering the subpoenas shall be the same as now provided by law.

(f) Witnesses duly served with subpoenas issued pursuant to the authority provided in this section who refuse to testify or give evidence may be cited on affidavit through application of the chief counsel of the department to the Pulaski County Circuit Court or any circuit court of the state where the subpoenas were served.

(g) If any child served with a subpoena to be a witness in an administrative hearing is a party to an open dependency-neglect or family in need of services case, the child's attorney ad litem shall be provided a copy of the subpoena.