Colorado § 40-6-103 Administration of oaths - compulsion of testimony - fees

Colorado Statutes

§ 40-6-103 — Administration of oaths - compulsion of testimony - fees

Colorado § 40-6-103

Title 40Utilities

Art.Hearings and Investigations

This text of Colorado § 40-6-103 (Administration of oaths - compulsion of testimony - fees) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 40-6-103 (2026).

Text

(1)The commission, each commissioner, the director, and any administrative law judge as to matters referred to such judge have power to administer oaths, certify to all official acts, and issue subpoenas for the attendance of witnesses and the production of records, documents, and testimony in any inquiry, investigation, hearing, or proceeding in any part of the state. No subpoena shall be issued except upon good cause shown. Good cause shown shall consist of an affidavit stating with specificity the testimony, records, or documents sought and the relevance of such testimony, records, or documents to the proceedings of the commission. Each witness who appears by order of the commission, a commissioner, the director, or any administrative law judge shall receive for the witness'

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(1) The
commission, each commissioner, the director, and any administrative law judge as
to matters referred to such judge have power to administer oaths, certify to all
official acts, and issue subpoenas for the attendance of witnesses and the
production of records, documents, and testimony in any inquiry, investigation,
hearing, or proceeding in any part of the state. No subpoena shall be issued except
upon good cause shown. Good cause shown shall consist of an affidavit stating with
specificity the testimony, records, or documents sought and the relevance of such
testimony, records, or documents to the proceedings of the commission. Each
witness who appears by order of the commission, a commissioner, the director, or
any administrative law judge shall receive for the witness' attendance the same
fees and mileage allowed by law to a witness in civil cases, which amount shall be
paid by the party at whose request such witness is subpoenaed. When any witness
who has not been required to attend at the request of any party is subpoenaed, the
witness' fees and mileage shall be paid from the funds appropriated for the use of
the commission in the same manner as other expenses of the commission are paid.
Any witness subpoenaed except one whose fees and mileage may be paid from the
funds of the commission, at the time of service, may demand the fees 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, as directed in the subpoena. All fees and mileage to which any
witness is entitled under the provisions of this section may be collected by action
therefor instituted by the person to whom such fees are payable. No witness
furnished with free transportation shall receive mileage for the distance the
witness may have traveled on such free transportation.

(2) The district court in and for the county or city and county in which any
inquiry, investigation, hearing, or proceeding may be held by the commission, or any
individual commissioner or administrative law judge, has the power to compel the
attendance of witnesses, the giving of testimony, and the production of records or
documents as required by any subpoenas issued by the commission, or any
individual commissioner, the director, or any administrative law judge. The
commission, individual commissioner, or an administrative law judge before whom
the testimony is to be given or produced, in case of the failure or refusal of any
witness to attend or testify or produce any records or documents required by such
subpoena, may report to the district court in and for the county or city and county in
which the proceeding is pending, by petition, setting forth that due notice has been
given of the time and place of attendance of said witness or the production of said
records or documents, that the witness has been subpoenaed in the manner
prescribed in this title, and that the witness has failed or refused to attend or
produce the records or documents required by the subpoena or has failed or
refused to answer questions propounded to the witness in the course of such
proceeding; and the commission, individual commissioner, or an administrative law
judge may ask for an order of the court compelling the witness to attend and testify
or produce or cause to be produced documentary evidence. No person so testifying
shall be exempt from prosecution or punishment for any perjury in the first degree
committed by such person in this testimony. Nothing in this section shall be
construed as in any manner giving to any public utility immunity of any kind.

Legislative History

Source: L. 13: p. 489, � 40. C.L. � 2949. CSA: C. 137, � 40. CRS 53: � 115-6-3. C.R.S. 1963: � 115-6-3. L. 69: p. 940, � 35. L. 72: p. 566, � 40. L. 83: (1) amended, p. 1561, � 1, effective June 1. L. 89: Entire section amended, p. 1528, � 11, effective April 12. L. 2003: Entire section amended, p. 1706, � 20, effective May 14.