§ 72 — Investigations; subpoenas; summoning witnesses, etc.

Section 72. The commission or the administrator may investigate all or part of the official and labor services, the work, duties and compensation of the persons employed in such services, the number of persons employed in such services and the titles, ratings and methods of promotion in such services. The commission or the administrator may report the results of any such investigation to the governor or the general court.[ Second paragraph effective until November 20, 2024. For text effective November 20, 2024, see below.]The commission or administrator, upon the request of an appointing authority, shall inquire into the efficiency and conduct of any employee in a civil service position who was appointed by such appointing authority. The commission or the administrator may also conduct such an inquiry at any time without such request by an appointing authority. After conducting an inquiry pursuant to this paragraph, the commission or administrator may recommend to the appointing authority that such employee be removed or may make other appropriate recommendations.[ Second paragraph as amended by 2024, 238, Sec. 157 effective November 20, 2024. For text effective until November 20, 2024, see above.]The commission or administrator, upon the request of an appointing authority, shall inquire into the efficiency and conduct of any employee in a civil service position who was appointed by such appointing authority. The commission or the administrator may also conduct such an inquiry at any time without such request by an appointing authority. After conducting an inquiry pursuant to this paragraph, the commission or administrator may recommend to or order the appointing authority that such employee be removed or may make other appropriate recommendations or orders.[ Third paragraph effective until November 20, 2024. For text effective November 20, 2024, see below.]The commission or the administrator or any authorized representatives of either, may summon witnesses, administer oaths and take testimony for any hearing, investigation or inquiry conducted pursuant to the civil service law and rules. Fees for such witnesses shall be the same as for witnesses before the courts in civil actions and shall be paid from the appropriation for incidental expenses.[ Third paragraph as amended by 2024, 238, Sec. 158 effective November 20, 2024. For text effective until November 20, 2024, see above.]The commission or the administrator or any authorized representatives of either, may summon witnesses, demand to inspect documents, administer oaths and take testimony for any hearing, investigation or inquiry conducted pursuant to the civil service law and rules. Fees for such witnesses shall be the same as for witnesses before the courts in civil actions and shall be paid from the appropriation for incidental expenses.A subpoena may be issued at the request of a complainant, respondent, or any other party to any proceeding before the commission under such rules as the commission shall establish. In the case of a subpoena issued by such request, the cost of service and of the fees of the witnesses shall be borne by the party who made the request and such fees shall also be the same as for witnesses before the superior court in civil actions.