§ 17-80-102 — Subpoena power of boards - Enforcement

(a) (1) The licensing and disciplining boards of the professions of the healing arts provided in this subtitle shall have the power to issue subpoenas and bring before the board as a witness any person in this state. (2) The secretary or the investigative officer of the board shall issue a subpoena upon the request of any party to a proceeding pending before the board or at the request of the board. (3) The writ shall be directed to the sheriff of the county where the witness resides or may be found. (4) The writ may require the witness to bring with him or her any book, writing, or other thing under his or her control which he or she is bound by law to produce in evidence. (5) Service of the writ shall be in the manner as now provided by statute for the service of subpoenas in civil cases. (b) (1) A witness who has been served by subpoena in the manner provided by law and who shall have been paid or tendered the legal fees for travel and attendance as provided by law shall be obligated to attend for examination of the trial of the cause pending before the board. (2) In the event a witness shall have been served with subpoenas as herein provided and fails to attend the hearing in obedience to the subpoena, the board may apply to the circuit court of the county wherein the board is having its meeting for an order causing the arrest of the witness and directing that the witness be brought before the court. (3) The court shall have the power to punish the disobedient witness for contempt as now provided by law in the trial of civil cases. (4) The disobedient witness shall be liable in damages for nonattendance to the trial or hearing as provided by Rev. Stat., ch. 158, § 9 [superseded].

Legislative History

Acts 1971, No. 202, §§ 1, 2; A.S.A. 1947, §§ 72-141, 72-142; Acts 1993, No. 392, § 8.