§ 15-76-323 - Subpoena power of the commission. - Arkansas Statutes

15-76-323. Subpoena power of the commission.

(a) The Oil and Gas Commission is empowered to issue subpoenas for witnesses, to require their attendance in the giving of testimony before it, and to require the production of books, papers, and records in any proceeding before the commission as may be material upon questions lawfully before the commission. The subpoena shall be served by the sheriff or any other officer authorized by law to serve process in this state. No person shall be excused from attending and testifying or from producing books, papers, and records before the commission or court or from obedience to the subpoena of the commission or a court on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture.

(b) Nothing contained in this section shall be construed as requiring any person to produce any books, papers, or records or to testify in response to any inquiry not pertinent to some question lawfully before the commission or court for determination. No natural person shall be subjected to criminal prosecution or to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he or she may be required to testify or produce evidence, documentary or otherwise, before the commission or court, or in obedience to its subpoena. No person testifying shall be exempted from prosecution and punishment for perjury committed in so testifying.

(c) In case of failure or refusal on the part of any person to comply with any subpoena issued by the commission, or in case of the refusal of any witness to testify or answer as to any matter regarding which he or she may be lawfully interrogated, any circuit court in this state, on application of the commission, may in term time or vacation issue an attachment for the person and compel him or her to comply with the subpoena and to attend before the commission and produce the documents and give his or her testimony upon matters, as may be lawfully required. The court shall have the power to punish for contempt as in case of disobedience of like subpoena issued by or from the court, or for a refusal to testify therein.