§ 30:603 — Investigations by secretary; attendance of witnesses; depositions

§603. Investigations by secretary; attendance of witnesses; depositions
A. The secretary may investigate any facts, conditions, practices, or matters which
he may find necessary or proper in order to determine whether any person has violated or is
about to violate any provision of this Part or any rule, regulation, or order thereunder, or to
aid in the enforcement of the provisions of this Part or in prescribing rules or regulations
hereunder, or in obtaining information to serve as a basis for recommending further
legislation to the legislature. The secretary may permit any person to file with him a
statement in writing, under oath or otherwise, as he shall determine, as to any or all facts and
circumstances concerning a matter which may be the subject of investigation.
B. For the purpose of any investigation or any other proceeding under this Part, the
secretary or any officer or employee of the Department of Conservation and Energy
designated by him is empowered to administer oaths and affirmations, subpoena witnesses,
compel their attendance, take evidence, and require the production of any books, papers,
correspondence, memoranda, contracts, agreements, or other records which the secretary
finds relevant or material to the inquiry. Witnesses summoned by the secretary to appear
before him shall be paid the same fees and mileage that are paid witnesses in the courts of
the state.
C. In case of contumacy by, or refusal to obey a subpoena issued to, any person, the
secretary may invoke the aid of any court of competent jurisdiction in requiring the
attendance and testimony of witnesses and the production of books, papers, correspondence,
memoranda, contracts, agreements, and other records. Such court may issue an order
requiring such person to appear before the secretary or officer or employee of the Department
of Conservation and Energy designated by the secretary, there to produce records, if so
ordered, or to give testimony touching the matter under investigation or in question; and any
failure to obey such order of the court may be punished by such court as a contempt thereof.
All process in any such case may be served in the judicial district whereof such person is an
inhabitant or wherever he may be found or may be doing business. Any person who willfully
shall fail or refuse to attend and testify or to answer any lawful inquiry or to produce books,
papers, correspondence, memoranda, contracts, agreements, or other records, if in his or its
power so to do, in obedience to the subpoena of the secretary, shall be guilty of a
misdemeanor and upon conviction shall be subject to a fine of not more than one thousand
dollars or to imprisonment for a term of not more than one year, or both.
D. The testimony of any witness may be taken at the instance of a party, in any
proceeding or investigation pending before the secretary, by deposition at any time after the
proceeding is at issue. The secretary may also order testimony to be taken by deposition in
any proceeding or investigation pending before him at any stage of such proceeding or
investigation. Such depositions may be taken before any person authorized to administer
oaths not being of counsel or attorney to either of the parties, nor interested in the proceeding
or investigation. Reasonable notice must first be given in writing by the party or his attorney
proposing to take such deposition to the opposite party or his attorney of record, as either
may be nearest, which notice shall state the name of the witness and the time and place of
the taking of his deposition. Any person may be compelled to appear and depose, and to
produce documentary evidence, in the same manner as witnesses may be compelled to appear
and testify and produce documentary evidence before the secretary, as hereinbefore provided.
Such testimony shall be reduced to writing by the person taking deposition, or under his
direction, and shall, after it has been reduced to writing, be subscribed by the deponent.
E. If a witness whose testimony may be desired to be taken by deposition be in a
foreign country, the deposition may be taken before an officer or person designated by the
secretary, or agreed upon by the parties by stipulation in writing to be filed with the secretary.
All depositions must be promptly filed with the secretary.
F. Witnesses whose depositions are taken as authorized in this Part, and the person
or officer taking the same, shall be entitled to the same fees as are paid for like services in
the courts of the state.
G. No person shall be excused from attending and testifying or from producing
books, papers, correspondence, memoranda, contracts, agreements, or other records and
documents before the secretary, or in obedience to the subpoena of the secretary or any
officer or employee of the Department of Conservation and Energy designated by him, or in
any cause or proceeding instituted by the secretary, 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 subject to any penalty
or forfeiture for or on account of any transaction, matter, or thing concerning which he is
compelled to testify or produce evidence, documentary or otherwise, after having claimed
his privilege against self-incrimination, except that such individual so testifying shall not be
exempt from prosecution and punishment for perjury committed in so testifying.

Legislative History

Added by Acts 1973, Ex.Sess., No. 16, §1, emerg. eff. Dec. 8, 1973, at 9:55 A.M; Acts 2025, No. 458, §1, eff. Oct. 1, 2025.