§ 20-76-103 - Use of subpoenas in hearings on benefit determinations. - Arkansas Statutes

20-76-103. Use of subpoenas in hearings on benefit determinations.

(a) The Chief Counsel of the Department of Human Services is authorized to require the attendance of witnesses and the production of books, records, or other documents through the issuance of subpoenas when the testimony or information is necessary to adequately present the position of the Department of Human Services when making fair hearing determinations or conducting investigations relating to public assistance benefits.

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

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(c) Subpoenas provided for in this section shall be served in the manner as now provided by law and returned and a record made and kept by the department. The fees and mileage of officers serving the subpoenas and witnesses in answer to subpoenas shall be the same as now provided by law.

(d) Applicants and recipients of public assistance benefits who request fair hearings on determinations made by the department and other parties to administrative adjudications of the department may request issuance of subpoenas by the chief counsel. These requests for subpoenas shall be granted by the chief counsel if the testimony or documents desired are considered necessary and material without being unduly repetitious of other available evidence.

(e) Persons duly served with subpoenas issued pursuant to the authority provided in this section who shall refuse to testify or produce books, records, or documents may be cited on affidavit through application of the chief counsel to the Circuit Court of Pulaski County or any circuit court of the state where the subpoena was served. Failure to obey the subpoena may be deemed a contempt, with punishment accordingly.