§ 15-17-5-22 — Investigatory powers of state veterinarian

Indiana § 15-17-5-22

• Jurisdiction: Indiana
• Art. 17: ANIMAL HEALTH AND ANIMAL PRODUCTS
• Ch. 5: Meat and Poultry Inspection; Humane Slaughter Act

Text

(a) The state veterinarian may do the
following:
(1) Investigate, gather, and compile information concerning the
organization, business, conduct, practices, and management of a
person engaged in commerce and the relation of the person to
other persons.
(2) Require, by general or special orders, that a person engaged in
commerce file with the state veterinarian, in a form prescribed by
the state veterinarian, annual or special, or both, reports or
answers in writing to specific questions. The person shall furnish
to the state veterinarian the information required by the state
veterinarian concerning the organization, business, conduct,
practices, management, and relation to other persons. The reports
and answers must be made under oath or affirmation as the state
veterinarian prescribes. The reports and answers must be filed
with the state veterinarian within a reasonable period prescribed
by the state veterinarian, unless the state veterinarian grants
additional time.
(b) For purposes of this chapter, the state veterinarian has, at all
reasonable times, for the purpose of examination:
(1) access to; and
(2) the right to copy;
any documentary evidence of a person being investigated or proceeded
against. The state veterinarian may require by subpoena the attendance
and testimony of witnesses and the production of all documentary
evidence of a person relating to a matter under investigation. The state
veterinarian may sign subpoenas. The board may sign subpoenas,
administer oaths and affirmations, examine witnesses, and receive
evidence.
(c) The attendance of witnesses and the production of documentary
evidence may be required at a designated place of hearing. In case of
disobedience to a subpoena, the state veterinarian or board may invoke
the aid of any court in requiring the attendance and testimony of
witnesses and the production of documentary evidence.
(d) A court may, in case of contumacy or refusal to obey a subpoena
issued to a person, issue an order requiring the person to:
(1) appear before the state veterinarian or board;
(2) produce documentary evidence; or
(3) give evidence concerning the matter in question.
A failure to obey an order of the court issued under this subsection may
be punished by the court for contempt.
(e) Upon the application of the attorney general at the request of the
state veterinarian or board, a court has jurisdiction to issue writs of
mandamus commanding a person to comply with this chapter or any
order of the state veterinarian or board under this chapter.
(f) The state veterinarian may order testimony to be taken by
deposition in a proceeding or investigation pending under this chapter
at any stage of the proceeding or investigation. The deposition may be
taken before a person who:
(1) is designated by the state veterinarian; and
(2) has power to administer oaths.
The testimony must be reduced to writing by the person taking the
deposition or under the person's direction and must be subscribed by
the deponent. Any person may be compelled to appear and depose and
to produce documentary evidence in the same manner as a witness may
be compelled to appear and testify and produce documentary evidence
before the state veterinarian or board.
(g) Witnesses summoned before the state veterinarian or board shall
be paid the same fees and mileage that are paid witnesses in Indiana
courts. Witnesses whose depositions are taken and the persons taking
the depositions are entitled to the same fees paid for similar services in
the courts.
[Pre-2008 Recodification Citation: 15-2.1-24-24.]

Legislative History

As added by P.L.2-2008, SEC.8.