361.096. Board may subpoena witnesses at hearings--oaths--enforcement of subpoena or testimony. - Missouri Statutes

Board may subpoena witnesses at hearings--oaths--enforcement ofsubpoena or testimony.

361.096. 1. At any hearing provided for in section 361.094,the state banking board, or any member thereof, shall have powerto administer oaths.

2. In connection with any such hearing, the board, or anymember thereof, shall issue subpoenas and subpoenas duces tecumon the board's own motion or at the request of any intervenor orother party, which subpoenas or subpoenas duces tecum shallextend to all parts of the state and shall be signed by thesecretary of the board or by any other member thereof. The boardshall have power, on motion after due notice, for good cause toquash or modify any subpoena or subpoena duces tecum on thegrounds that the same is unduly burdensome, unreasonable oroppressive. Subpoenas and subpoenas duces tecum may be served asin the case of subpoenas in civil actions in the circuit courtand each witness who shall appear before the board in obedienceto a subpoena or subpoena duces tecum shall receive for hisattendance the fees and mileage provided for witnesses in civilactions in the circuit court, which shall be paid by the party atwhose instance such subpoena or subpoena duces tecum was issued.In case of refusal of a witness to obey any such subpoena orsubpoena duces tecum, or to testify when lawfully required to doso, the board may apply to a judge of the circuit court of thecounty of the hearing or of any county where the witness residesor may be found, for an order upon such witness to show cause whysuch subpoena or subpoena duces tecum should not be enforced, orthe witness required to give such testimony, which said order anda copy of the application therefor shall be served upon thewitness in the same manner as a summons in a civil action, and ifsaid circuit court shall, after a hearing, determine that thesubpoena or subpoena duces tecum should be sustained andenforced, or that the witness should be required to give suchtestimony, said court shall make an order to enforce suchsubpoena or subpoena duces tecum, or compel such testimony andmay enforce such order as in the case of a subpoena or subpoenaduces tecum, or refusal to testify, in a civil action in thecircuit court.

(L. 1955 p. 263 § 6)