42-2-212 - Investigations Hearings. - Tennessee Statutes

42-2-212. Investigations Hearings.

(a)  General Power of Department; Accidents; Witnesses; Subpoenas; Court Order.  The department, or any person designated by the department, has the power to hold investigations, inquiries and hearings concerning matters covered by this chapter and the rules, regulations, and orders of the department, and concerning accidents in aeronautics within this state. Hearings shall be open to the public, and except as provided in § 42-2-216, shall be held upon such call or notice as the department may deem advisable. The department, and every person designated by the department to hold any inquiry, investigation or hearing, has the power to administer oaths and affirmations, certify to all official acts, issue subpoenas, and order the attendance and testimony of witnesses and the production of papers, books and documents. In case of the failure of any person to comply with any subpoena or order issued under the authority of this section, the department or its authorized representative may invoke the aid of any court of general jurisdiction of this state. The court may thereupon order that person to comply with the requirements of the subpoena or order or to give evidence touching the matter in question. Failure to obey the order of the court may be punished by the court as contempt of court.

(b)  Use and Limitations on Reports of Investigations.  In order to facilitate the making of investigations by the department in the interest of public safety and promotion of aeronautics the public interest requires, and it is therefore provided, that the reports of investigations or hearings, or any part of the reports, shall not be admitted in evidence or used for any purpose in any suit, action or proceeding growing out of any matter referred to in the investigation, hearing or report, except in case of any suit, action or proceeding, civil or criminal, instituted by or in behalf of the department in the name of the state under this chapter or other laws of the state relating to aeronautics; nor shall the department, or the commissioner, or any agent or employee of the department, be required to testify to any facts ascertained in, or information gained by reason of, its official capacity, or be required to testify as an expert witness in any suit, action or proceeding involving any aircraft. Subject to this subsection (b), the department may in its discretion make available to appropriate federal, state and municipal agencies information and material developed in the course of its investigations and hearings.

[Acts 1957, ch. 374, § 16; 1972, ch. 829, § 21; T.C.A., §§ 42-224, 42-2-123.]