Section 198.174

Title XII PUBLIC HEALTH AND WELFARE

Chapter 198

Effective - 01 Jul 1979, see footnote   

  198.174.  Fraud investigation director may hold hearings, take oaths — procedure on failure to testify — confidentiality of recorders — penalties. — 1.  For the purpose of any investigation or proceeding under sections 198.158 to 198.171, the director of fraud investigation or any officer designated by him may administer oaths and affirmations, subpoena witnesses, compel their attendance, take testimony, require answers to written interrogatories and require production of any books, papers, correspondence, memoranda, agreements or other documents or records which the director of fraud investigation deems relevant and material to the inquiry.

  2.  In the case of contumacy by, or refusal to obey a subpoena issued to, any person, the circuit court of any county of the state or the city of St.  Louis, upon application by the division director may issue to the person an order requiring him to appear before the division director, or the officer designated by him, there to produce documentary evidence if so ordered or to give testimony or answer interrogatories touching the matter under investigation or in question in accordance with the forms and procedures otherwise authorized by the Rules of Civil Procedure.  The court may make any order which justice requires to protect any person from undue annoyance, embarrassment, expense or oppression.  Failure to obey the order of the court may be punished by the court as a contempt of court.

  3.  Notwithstanding the provisions of section 326.151, the accountant-client privilege recognized therein shall not, upon a knowing and intelligent waiver by any person subject to sections 198.003 to 198.186, constitute a defense and shall not apply to a subpoena under this section and shall not apply in court proceedings instituted pursuant to sections 198.139 to 198.186.

  4.  Information or documents obtained under this section by the director of the fraud investigation division shall not be disclosed except in the course of civil or criminal litigation or to another prosecutorial or investigative agency, or to the divisions of the department.

  5.  Anyone improperly disclosing information obtained under this section is guilty of a class A misdemeanor.

  6.  The provisions of this section do not repeal existing provisions of law and shall be construed as supplementary thereto.

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(L. 1979 S.B. 328, et al. § 56)

Effective 7-1-79