Section 340.280

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 340

Effective - 28 Aug 1992   

  340.280.  Chairman may administer oaths, issue subpoena — enforcement of subpoenas, where. — 1.  The chairman or vice chairman of the board may administer oaths, subpoena witnesses, issue subpoenas duces tecum and require production of documents and records pertaining to complaints or investigations.  Subpoenas, including subpoenas duces tecum, shall be served by a person so authorized to serve subpoenas of courts of records.  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 a subpoena duces tecum, by applying to a circuit court of Cole County, the county of 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.  The 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, after a hearing, determines 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. 1992 H.B. 878 § 40)