15-240

15-240. Issuance of subpoenas

A. On the request of any person who is investigating, on behalf of the department
of education, a complaint alleging that a certificated person has engaged in immoral or
unprofessional conduct, the department of education may issue subpoenas compelling the
attendance and testimony of witnesses or demanding the production for examination or
copying of documents or any physical evidence.

B. The superior court, on application by the department of education or by the
person subpoenaed, has jurisdiction to issue an order either:

1. Requiring the person to appear before the department of education or the duly
authorized agent to produce evidence relating to the matter under investigation.

2. Revoking, limiting or modifying the subpoena if in the court's opinion the
evidence demanded does not relate to conduct that might constitute grounds for
disciplinary action, is not relevant to the subject matter of the investigation or does
not describe with sufficient particularity the evidence whose production is required.

C. Any failure to obey an order of the court pursuant to subsection B may be
punished by the court as contempt.