§ 19-10-207 - Power to examine. - Arkansas Statutes

19-10-207. Power to examine.

(a) The Director of the Arkansas State Claims Commission or any member of the Arkansas State Claims Commission shall have the authority to administer oaths, to subpoena witnesses, to examine any books, documents, or records that may be relevant to any proceeding before the commission, and to require the production of any such materials.

(b) In actions to contest the election of a member of the House of Representatives of the General Assembly, the commission's general authority to subpoena witnesses and documents shall specifically include the authority to subpoena election officers and to subpoena any and all ballots cast or other election records in the election at issue.

(c) If any claimant or witness to whom an oath has been administered as provided in this section shall swear falsely to any fact material to the investigation of a claim, such false swearing shall constitute perjury, and the guilty party shall be subject to prosecution therefor.

(d) (1) If any person or entity shall fail or refuse to obey any commission subpoena or order or shall refuse to testify or produce any books, papers, or other documents, the commission may present its petition setting forth the facts to any court of record. Thereupon, in a proper case, the court shall issue its subpoena to the person or entity, requiring his or her or its attendance before the court to testify or produce such books, papers, and documents as may be deemed necessary and pertinent. Any person or entity failing or refusing to obey the subpoena or order of the court may be proceeded against in the same manner as for refusal to obey any other subpoena, as provided by the Arkansas Rules of Civil Procedure.

(2) The commission shall be entitled to the services of the Attorney General and the services of the prosecuting attorneys for the county and district in which the enforcement is required.