§ 8-72-108 — Oaths - witnesses - subpoenas

Colorado § 8-72-108

• Jurisdiction: Colorado
• Title 08: Labor and
• Art.: Administration of Division

Text

(1) In the discharge of the duties
imposed by articles 70 to 82 of this title, the division or its duly authorized
representative shall have power to administer oaths and affirmations, take
depositions, certify to official acts, and issue subpoenas to compel the attendance
of witnesses and the production of books, papers, correspondence, memoranda,
and other records deemed necessary as evidence in connection with a disputed
claim or the administration of articles 70 to 82 of this title.

(2) In case of contempt or refusal to obey a subpoena issued to any person,
any court of this state within the jurisdiction of which the inquiry is carried on or
within the jurisdiction of which said person guilty of contempt or refusal to obey is
found or resides or transacts business, upon application by the division or its duly
authorized representative, shall have jurisdiction to issue to such person an order
requiring him or her to appear before the division or its duly authorized
representative to produce evidence if so ordered or give testimony touching the
matter under investigation or in question. Any failure to obey such order of the
court may be punished by said court as a contempt thereof. Any person who,
without just cause, fails or refuses to attend and testify or to answer any lawful
inquiry, or to produce books, papers, correspondence, memoranda, and other
records, if it is in his or her power so to do in obedience to a subpoena of the division
or its duly authorized representative commits a petty offense. Each day such
violation continues shall be deemed a separate offense.

(3) No person may be excused from attending and testifying or from
producing books, papers, correspondence, memoranda, and other records before
the division or its duly authorized representative or in obedience to the subpoena of
the division or its duly authorized representative in any cause or proceeding before
the division or its duly authorized representative on the ground that the testimony
or evidence, documentary or otherwise, required of him may tend to incriminate him
or subject him to a penalty or forfeiture; but no individual shall be prosecuted or
subjected to any penalty or forfeiture for or on account of any transaction, matter,
or thing concerning which he is compelled, after having claimed his privilege
against self-incrimination, to testify or produce evidence, documentary or
otherwise; except that such individual so testifying is not exempt from prosecution
and punishment for perjury in the first degree committed in so testifying.

Legislative History

Source: L. 36, 3rd Ex. Sess.: p. 35, � 11. L. 37: p. 1265, � 9. CSA: C. 167A, � 11. L. 41: p. 785, � 11. CRS 53: � 82-3-8. C.R.S. 1963: � 82-3-8. L. 72: p. 562, � 30. L. 76: (2) amended, p. 338, � 8, effective October 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3142, � 95, effective March 1, 2022.