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Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 338

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  338.145.  Board president may administer oaths and issue subpoenas — enforcement of subpoenas. — 1.  The president of the board may, upon majority vote of the board, administer oaths, issue subpoenas duces tecum, and require production of documents and records from any person or entity not licensed by the board when such documents and records are not otherwise available to the board pursuant to the board's inspection authority granted in sections 338.100 and 338.150.  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 duces tecum by applying to the circuit court of Cole County, the county of the investigation, hearing or proceeding, or any county where the records reside or may be found for an order upon any person who shall fail to obey a subpoena duces tecum to show cause why such subpoena duces tecum 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.  If the circuit court shall, after a hearing, determine that the subpoena duces tecum should be sustained and enforced, such court shall proceed to enforce the subpoena duces tecum in the same manner as though the subpoena had been issued in a civil case in the circuit court.

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(L. 2004 S.B. 1122)


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

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