Section 622.360

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 622

Effective - 28 Aug 1996   

  622.360.  Subpoenas, issuance, process, fees, costs — documents furnished to division, fee. — 1.  All subpoenas shall be signed and issued by an administrative law judge or by the director of the division, and shall extend to all parts of the state, and may be served by any person authorized to serve process of courts of record or by any person of full age designated for that purpose by the division or by an administrative law judge.  The person executing any such process shall receive the fees now prescribed by law for similar services in civil cases in the circuit courts in this state, and shall be paid in the same manner as provided herein for the payment of the fees of the witnesses.  Each witness who shall appear before the division or an administrative law judge by order of the division or an administrative law judge shall receive for attendance the fees and mileage now provided for witnesses in civil cases in the circuit courts of this state, which shall be audited and paid by the state in the same manner as other expenses of the division are audited and paid, upon the presentation of proper vouchers sworn to by such witnesses and approved by the division.

  2.  Whenever a subpoena is issued at the instance of a complainant, respondent, or other party to any proceeding before the division, the cost of service thereof and the fee of the witness shall be borne by the party at whose instance the witness is summoned.  Any witness subpoenaed except one whose fees and mileage may be paid from the funds of the division may, at the time of service, demand the fee to which the witness is entitled for travel to and from the place at which the witness is required to appear, and one day's attendance.  If such witness demands such fees at the time of service, and they are not at that time paid or tendered, the witness shall not be required to attend before the division or an administrative law judge, as directed in the subpoena.  No witness furnished with free transportation shall receive mileage for the distance such witness may have traveled on such free transportation.

  3.  It shall be the duty of every public officer, without exacting or receiving charge or fee of any kind, to furnish to the division, upon application, a certified copy of any document or part thereof, on file in the office of such officer, and no public officer shall be entitled to receive from the division or the public counsel any fee for entering, filing, docketing or recording any document required or authorized by law to be filed with the office of such officer.

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(L. 1996 S.B. 780)