§ 22-4-19-8 — Records; subpoenas; enforcement

Indiana § 22-4-19-8

• Jurisdiction: Indiana
• Art. 4: UNEMPLOYMENT COMPENSATION SYSTEM
• Ch. 19: Administration of Department of Workforce

Text

(a) The department, the review board, or the
administrative law judge, or the duly authorized representative of any
of them, at any such hearing shall have power to administer oaths to
any such person or persons. When any person called as a witness by
such subpoena, duly signed, and served upon the witness by any duly
authorized person or by the sheriff of the county of which such person
is a resident, or wherein is located the principal office of such
employing unit or wherein such records are located or kept, shall fail
to obey such subpoena to appear before the department, the review
board, or the administrative law judge, or the authorized representative
of any of them, or shall refuse to testify or to answer any questions, or
to produce any book, record, paper, or other data when notified and
demanded so to do, such failure or refusal shall be reported to the
attorney general for the state who shall thereupon institute proceedings
by the filing of a petition in the name of the state on the relation of the
department, in the circuit court or superior or other court of competent
jurisdiction of the county where such witness resides, or wherein such
records are located or kept, to compel obedience of and by such
witness.
(b) Such petition shall set forth the facts and circumstances of the
demand for and refusal or failure to permit the examination or copying
of such records or the failure or refusal of such witness to testify in
answer to such subpoena or to produce the records so required by such
subpoena. Such court, upon the filing and docketing of such petition
shall thereupon promptly issue an order to the defendants named in
said petition, to produce forthwith in such court or at a place in such
county designated in such order, for the examination or copying by the
department, the review board, an administrative law judge, or the duly
authorized representative of any of them, the records, books, or
documents so described and to testify concerning matters described in
such petition. Unless such defendants to such petition shall appear in
said court upon a day specified in such order, which said day shall be
not more than ten (10) days after the date of issuance of such order, and
offer, under oath, good and sufficient reasons why such examination or
copying should not be permitted, or why such subpoena should not be
obeyed, such court shall thereupon deliver to the department, the
review board, the administrative law judge, or representative of any of
them, for examination or copying, the records, books and documents
so described in said petition and so produced in such court and shall
order said defendants to appear in answer to the subpoena, and to
testify concerning the subject matter of the inquiry. Any employing
unit, or any officer, member, or agent of the employing unit, or any
other persons having possession of the records thereof who shall
willfully disobey such order of the court after the same shall have been
served upon the employing unit, any officer, member, or agent of the
employing unit, or any other person having possession of the records
shall be guilty of indirect contempt of such court from which such
order shall have issued and may be adjudged in contempt of said court
and punished therefor as provided by law.
Formerly: Acts 1947, c.208, s.2008. As amended by
P.L.135-1990, SEC.19; P.L.108-2006, SEC.41; P.L.171-2016,
SEC.27.