54.1-3925.3 - Authority for subpoenas; qualified privilege and immunity. - Virginia Statutes

§ 54.1-3925.3. Authority for subpoenas; qualified privilege and immunity.

A. In the conduct of investigations and hearings, the Board and character andfitness committee may administer oaths and affirmations and may issuesubpoenas for the attendance of witnesses and the production of papers,books, accounts, documents, and other records or tangible evidence relevantto any such investigation or hearing. Any subpoena shall be issued in thename of the Board and be signed by a member of the Board or by its secretary.

B. If any person fails or refuses to obey a subpoena, or to give testimony,the Board shall notify the circuit court of the county or city wherein thehearing is or was to have been held, or where the documents or tangiblethings were to have been produced. On receipt of the notice, the circuitcourt shall issue an order compelling such person's attendance or testimony,or both, or the production of the documents or tangible things, to the sameextent as could be required in a proceeding in court.

C. Information furnished to and testimony given before the Board or thecharacter and fitness committee in the course of an investigation or hearingshall be privileged, and any person furnishing information or givingtestimony shall be immune from civil liability therefor, unless it is shownthat such person was motivated by actual malice.

(1992, c. 734.)