§ 42-17.7-8 - Oaths – Subpoenas – Powers of hearing officers. - Rhode Island Statutes

SECTION 42-17.7-8

   § 42-17.7-8  Oaths – Subpoenas –Powers of hearing officers. – (a) The hearing officers are hereby severally authorized and empowered toadminister oaths; and the hearing officers, in all cases of every naturepending before them, are hereby authorized and empowered to summon and examinewitnesses and to compel the production and examination of papers, books,accounts, documents, records, certificates, and other legal evidence that maybe necessary or proper for the determination and decision of any questionbefore or the discharge of any duty required by law of the hearing officer.

   (b) All subpoenas and subpoena duces tecum shall be signed bya hearing officer or the clerk and shall be served as subpoenas are served incivil cases in the superior court; and witnesses so subpoenaed shall beentitled to the same fees for attendance and travel as are provided forwitnesses in civil cases in the superior court. In cases of contumacy orrefusal to obey the command of the subpoena so issued, the superior court shallhave jurisdiction upon application of the director with proof by affidavit ofthe fact, to issue a rule or order returnable in not less than two (2) nor morethan five (5) days directing such person to show cause why he or she should notbe adjudged in contempt.

   (c) Upon return of such order, the justice before whom thematter is brought for hearing shall examine under oath such person, and suchperson shall be given an opportunity to be heard, and if the justice shalldetermine that this person has refused without reasonable cause or legal excuseto be examined or to answer a legal or pertinent question, he or she may imposea fine upon this offender or forthwith commit the offender to the adultcorrectional institutions until he or she submits to do the act which he or shewas so required to do, or is discharged according to law.