§ 150-489. Procedure when subpoena is not obeyed; penalty.
Latest version.
The failure or refusal of a person subpoenaed to attend any hearing under this article
or failure or refusal to produce any books, records, papers, vouchers, accounts, or
documents pertinent to the matter of inquiry shall result in a penalty of $100.00
per day for each day that the person fails or refuses to appear or for each day such
records are not produced; $200.00 per day between 91—180 days; and $500.00 per day
for each day thereafter as determined by the director. Additionally, the director
or his deputy may apply to civil district court, and any judge thereof shall have
the power, upon proof by affidavit of such refusal, to make an order returnable in
not less than two nor more than ten days, directing such person to show cause why
he should not obey the demand of such subpoena. Upon the return of such order, the
court shall examine the person under oath and the person shall be given an opportunity
to be heard and, if the court determines that he has refused, without legal excuse,
to obey the command of such subpoena, the court may order such person to comply.
