301.563. Subpoenas, issuance of process, department's authority--witnesses, costs--failure to obey process, penalty, continuing violations.

MISSOURI STATUTES AND CODES

301.563. Subpoenas, issuance of process, department's authority--witnesses, costs--failure to obey process, penalty, continuing violations.

Subpoenas, issuance of process, department's authority--witnesses,costs--failure to obey process, penalty, continuing violations.

301.563. 1. The department or its designated representative mayissue process, subpoena witnesses, administer oaths, examine books andpapers, and require the production thereof, and cause the deposition of anywitness to be taken and the costs thereof paid as other costs undersections 301.550 to 301.573. Any party may process to compel theattendance of witnesses and the production of books and papers, and at hisown cost to take and use depositions in like manner as in civil cases inthe circuit court. The subpoena shall extend to all parts of the state,and may be served as in civil actions in the circuit court, but the costsof the service shall be as in other civil actions. Each witness shallreceive the fees and mileage prescribed by law in civil cases, but the sameshall not be allowed as costs to the party in whose behalf the witness wassummoned unless the person who conducts the hearing certifies that thetestimony of the witness was necessary. All costs under this section shallbe approved by the department and paid out of the Missouri motor vehiclecommission fund established in section 301.560, except that if thedepartment determines that any proceedings are brought, prosecuted ordefended without reasonable ground, it may assess the whole cost of theproceedings upon the party who brought, prosecuted or defended theproceedings.

2. If any person subpoenaed to appear at any hearing or proceedingfails to obey the command of such subpoena without reasonable cause or ifany person attending a hearing or proceeding shall, without reasonablecause, refuse to be sworn or to be examined or to answer a question or toproduce a book or paper or to subscribe or swear to his deposition, suchperson is guilty of a class B misdemeanor and on conviction thereof shallbe punished by a fine of not more than five hundred dollars, or byimprisonment in the county jail for not more than one year, or by both suchfine and imprisonment, and in the case of a continuing violation, eachday's continuance thereof shall be a separate and distinct offense.