365.060. Rules and regulations, procedure--subpoenas, enforced how. - Missouri Statutes

Rules and regulations, procedure--subpoenas, enforced how.

365.060. 1. The director may adopt and promulgate such reasonablerules and regulations as shall be necessary to carry out the intent andpurposes of this chapter. A copy of every rule or regulation shall bemailed to each licensee and to each bank, trust company, loan andinvestment company, financing institution, and registrant under sections367.100 to 367.200, RSMo, postage prepaid, at least fifteen days in advanceof its effective date, but the failure of a licensee or other person toreceive a copy of the rules or regulations does not exempt him from theduty of compliance with rules and regulations lawfully promulgatedhereunder. No rule or portion of a rule promulgated under the authorityof this chapter shall become effective unless it has been promulgatedpursuant to the provisions of section 536.024, RSMo.

2. The director shall issue subpoenas to compel the attendance ofwitnesses and the production of documents, papers, books, records and otherevidence before him in any matter over which he has jurisdiction, controlor supervision pertaining to this chapter. The director may administeroaths and affirmations to any person whose testimony is required.

3. If any person refuses to obey any subpoena, or to give testimony,or to produce evidence as required thereby, any judge of the circuit courtof the county in which the licensed premises are located may, uponapplication and proof of the refusal, make an order awarding process ofsubpoena or subpoena duces tecum for the witness to appear before thedirector and to give testimony, and to produce evidence as requiredthereby. Upon filing the order, in the office of the clerk of the court,the clerk shall issue process of subpoena, as directed, under the seal ofthe court, requiring the person to whom it is directed, to appear at thetime and place therein designated.

4. If any person served with any subpoena refuses to obey the same,and to give testimony, and to produce evidence as required thereby, thedirector may apply to the judge of the court issuing the subpoena for anattachment against the person, as for a contempt. The judge, uponsatisfactory proof of the refusal, shall issue an attachment, directed toany sheriff, constable or police officer, for the arrest of the person,and, upon his being brought before the judge, proceed to a hearing of thecase. The judge may enforce obedience to the subpoena, and the answeringof any question, and the production of any evidence that may be proper by afine, not exceeding one hundred dollars, or by imprisonment in the countyjail, or by both fine and imprisonment, and to compel the witness to paythe costs of the proceeding to be taxed.

(L. 1963 p. 466 § 6, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)