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Chapter 332

Effective - 28 Aug 2004 bottom

  332.032.  Board president or secretary may administer oaths and subpoena witnesses and documents, when — enforcement of subpoenas. — 1.  Upon unanimous consent of the members of the board, the president or secretary of the board shall administer oaths, subpoena witnesses, issue subpoenas duces tecum, and require production of documents and records pertaining to the practice of dentistry.  Subpoenas, including subpoenas duces tecum, shall be served by a person authorized to serve subpoenas of courts of record.  In lieu of requiring attendance of a person to produce original documents in response to a subpoena duces tecum, the board may require sworn copies of such documents to be filed with it or delivered to its designated representative.

  2.  The board may enforce its subpoenas, including subpoena duces tecum, by applying to a circuit court of Cole County, the county of the investigation, hearing, or proceeding, or any county where the person resides or may be found, for an order upon any person who shall fail to obey a subpoena to show cause why such subpoena should not be enforced, which such order and a copy of the application therefor shall be served upon the person in the same manner as a summons in a civil action, and if the circuit court shall, after a hearing, determine that the subpoena should be sustained and enforced, such court shall proceed to enforce the subpoena in the same manner as though the subpoena had been issued in a civil case in the circuit court.


(L. 2004 S.B. 1122)

---- end of effective   28 Aug 2004 ----

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