§ 36-26-41 — Failure of Witnesses to Appear and Testify, Etc., at Investigations or Hearings; Fees of Witnesses; Requirement of Appearance, Etc., of Witnesses, Etc., Before Board; Giving of False Testimony Under Oath

Alabama § 36-26-41

• Jurisdiction: Alabama
• Title 36: Public Officers and Employees
• Ch. 26: State Personnel Department and Merit System
• Art. 1: General Provisions

Text

Any person who shall be served with a subpoena, issued in the course of an investigation or hearing conducted under any provision of this article, to appear and testify or to produce books and papers who shall, without good cause, disobey or neglect to obey any such subpoena shall be guilty of a misdemeanor. The fees of witnesses for attendance and travel shall be the same as fees of witnesses before the courts of record and shall be paid from the appropriation for the expenses of the board. Any judge of a court of record, either in term time or vacation, upon application of a member of the board or the director, shall compel the attendance of witnesses, the production of books and papers and the giving of testimony before the board or an agent thereof by attachment or contempt or otherwise in the same manner as the production of evidence shall be compelled before said court. Any person who, having taken an oath or made affirmation in the course of any investigation or hearing under the provisions of this article, shall willfully and knowingly testify or declare falsely shall be guilty of perjury and, upon conviction, shall be punished accordingly. The director or the board shall require the attendance of employees who are needed as witnesses without subpoena.

Legislative History

(Acts 1939, No. 58, p. 68, §33; Code 1940, T. 55, §321.)