§ 97-80. Rules and regulations; subpoena of witnesses; examination of books and records; depositions; costs. - North Carolina Statutes

§ 97‑80.  Rules andregulations; subpoena of witnesses; examination of books and records;depositions; costs.

(a)        The Commission maymake rules, not inconsistent with this Article, for carrying out the provisionsof this Article. The Commission shall request the Office of State Budget andManagement to prepare a fiscal note for a proposed new or amended rule that hasa substantial economic impact, as defined in G.S. 150B‑21.4(b1). TheCommission shall not take final action on a proposed rule change that has asubstantial economic impact until at least 60 days after the fiscal note hasbeen prepared.

Processes, procedure, anddiscovery under this Article shall be as summary and simple as reasonably maybe.

(b)        The Commission orany member thereof, or any person deputized by it, shall have the power, forthe purpose of this Article, to tax costs against the parties, to administer orcause to have administered oaths, to preserve order at hearings, to compel theattendance and testimony of witnesses, and to compel the production of books,papers, records, and other tangible things.

(c)        The Commission mayorder parties to participate in mediation, under rules substantially similar tothose approved by the Supreme Court for use in the Superior Court division,except the Commission shall determine the manner in which payment of the costsof the mediated settlement conference is assessed.

(d)        The Commission mayorder testimony to be taken by deposition and any party to a proceeding underthis Article may, upon application to the Commission, which application shallset forth the materiality of the evidence to be given, cause the depositions ofwitnesses residing within or without the State to be taken, the costs to betaxed as other costs by Commission. Depositions ordered by the Commission uponapplication of a party shall be taken after giving the notice and in the mannerprescribed by law for depositions in action at law, except that they shall bedirected to the Commission, the commissioner, or the deputy commissioner beforewhom the proceedings may be pending.

(e)        A subpoena may beissued by the Commission and served in accordance with G.S. 1A‑1, Rule45. Upon a motion, the Commission may quash a subpoena if it finds that theevidence the production of which is required does not relate to a matter inissue, the subpoena does not describe with sufficient particularity theevidence the production of which is required, or for any other reasonsufficient in law the subpoena may be quashed. Each witness who appears in obedienceto such subpoena of the Commission shall receive for attendance the fees andmileage for witnesses in civil cases in courts of the county where the hearingis held.

(f)         The Commission mayby rule provide for and limit the use of interrogatories and other forms ofdiscovery, and it may provide reasonable sanctions for failure to comply with aCommission order compelling discovery.

(g)        The Commission orany member or deputy thereof shall have the same power as a judicial officerpursuant to Chapter 5A of the General Statutes to hold a person in civilcontempt, as provided thereunder, for failure to comply with an order of theCommission, Commission member, or deputy. A person held in civil contempt mayappeal in the manner provided for appeals pursuant to G.S. 97‑85 and G.S.97‑86. The provisions of G.S. 5A‑24 shall not apply to appealspursuant to this subsection.

(h)        The Commission orany member or deputy thereof shall also have the same power as a judicialofficer pursuant to Chapter 5A of the General Statutes to punish for criminalcontempt, subject to the limitations thereunder, (i) for wilful behaviorcommitted during the sitting of the commissioner or deputy commissioner anddirectly tending to interrupt the proceedings; (ii) for wilful disobedience ofa lawful order of the Commission or a member or deputy thereof; or (iii) forwilful refusal to be sworn or affirmed as a witness, or, when so sworn oraffirmed, wilful refusal to answer any legal and proper question when refusalis not legally justified. The Commission or any member or deputy thereof mayissue an order of arrest as provided by G.S. 15A‑305 when authorized byG.S. 5A‑16 in connection with contempt proceedings. When the commissioneror deputy commissioner chooses not to proceed summarily pursuant to G.S. 5A‑14,the proceedings shall be before a district court judge, and venue liesthroughout the district where the order was issued directing the person chargedto appear. A person found in criminal contempt may appeal in the mannerprovided for appeals in criminal actions to the superior court of the districtin which the order of contempt was issued, and the appeal is by hearing de novobefore a superior court judge. (1929, c. 120, s. 54; 1977, cc. 456, 505; 1981 (Reg.Sess., 1982), c. 1243, s. 2; 1993, c. 321, s. 25(b); c. 399, s. 1; 1993 (Reg.Sess., 1994), c. 679, ss. 5.3, 5.4; 1995, c. 358, s. 8(a), (b); c. 437, s.6(a), (b); c. 467, s. 5(a), (b); c. 507, ss. 25.13, 27.8(o); c. 509, s. 48;2000‑140, s. 93.1(a); 2001‑424, s. 12.2(b).)