23-1391. Investigatory powers
A. The board, or its duly authorized agent or agencies, shall have access to, at
all reasonable times, for the purpose of examination, and the right to copy any evidence
of any person being investigated or proceeded against that relates to any matter under
investigation or in question. The board or any member of the board on application of any
party to such proceedings forthwith shall issue to such party subpoenas requiring the
attendance and testimony of witnesses or the production of any evidence in such
proceeding or investigation requested in such application. Within five days after the
service of a subpoena on any person requiring the production of any evidence in his
possession or under his control, such person may petition the board to revoke, and the
board shall revoke, the subpoena if in its opinion the evidence whose production is
required does not relate to any matter under investigation, or any matter in question in
such proceedings, or if in its opinion such subpoena does not describe with sufficient
particularity the evidence whose production is required. Any member of the board, or any
agent or agency designated by the board for such purposes, may administer oaths and
affirmations, examine witnesses and receive evidence. The attendance of witnesses and
the production of the evidence may be required from any place in this state at any
designated place of hearing.
B. In case of contumacy or refusal to obey a subpoena issued to any person, the
superior court in the county within the jurisdiction of which the person guilty of
contumacy or refusal to obey is found or resides or transacts business, on application by
the board, has jurisdiction to issue to such person an order requiring the person to
appear before the board, or a member, agent or agency of the board, to produce evidence
if so ordered or to give testimony touching the matter under investigation or in
question. Failure to obey the order of the court may be punished by the court as
contempt.
C. Complaints, orders and other process and papers of the board, or a member, agent
or agency of the board, may be served either personally, by registered or certified mail,
by telegraph or by leaving a copy at the principal office, place of business or residence
of the person required to be served. The verified return by the individual personally
serving or leaving the copy, setting forth the manner of the service, and the return post
office receipt, if registered or certified, or telegraph receipt and mailed or
telegraphed as provided in this subsection, are proof of service. Witnesses summoned
before the board or its members, agent or agency shall be paid the same fees and mileage
that are paid witnesses in the superior court and witnesses whose depositions are taken,
and the persons taking the depositions are entitled to the same fees as are paid for like
services in the superior court.
D. The departments and agencies of this state, if directed by the governor, shall
furnish the board, on its request, with all unprivileged records, papers and information
in their possession relating to any matter before the board.
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