41-1403. Right to examine and copy evidence;
summoning witnesses and documents and taking testimony; right to
counsel; court aid; process; service and return; fees of
witnesses
A. In connection with the investigation of a charge filed under this chapter, the
division or its duly authorized employees shall at all reasonable times have access to,
for the purpose of examination, and have the right to copy any evidence of any person
being investigated, provided such evidence relates to unlawful practices covered by this
chapter and is relevant to the charge under investigation.
B. For the purpose of all hearings and investigations conducted by the board or
division:
1. The division, on its own initiative, or upon application of any party to the
proceeding, may issue subpoenas compelling the attendance and testimony of witnesses or
requiring the production for examination or copying of documents provided such evidence
relates to unlawful practices covered by this chapter and is relevant to the charge which
is the subject matter of the hearing or investigation. 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 division to revoke, limit
or modify the subpoena. The division shall revoke, limit or modify such subpoena if in
its opinion the evidence required does not relate to unlawful practices covered by this
chapter, is not relevant to the charge which is the subject matter of the hearing or
investigation, does not describe with sufficient particularity the evidence whose
production is required, or is unduly burdensome or oppressive. Any member of the
division, or any agent designated by the division may administer oaths or affirmations,
examine witnesses and receive such evidence.
2. Any person appearing before the division or the board shall have the right to be
represented by counsel.
3. The superior court, upon application by the division or by the person
subpoenaed, shall have jurisdiction to issue an order (a) requiring such person to appear
before the division, the board or the duly authorized agent of either, there to produce
evidence relating to the matter under investigation if so ordered, or (b) revoking,
limiting or modifying the subpoena or conditioning issuance of the subpoena upon payment
of costs or expenses incurred to comply with the subpoena if in the court's opinion the
evidence required does not relate to unlawful practices covered by this chapter, is not
relevant to the charge which is the subject matter of the hearing or investigation, does
not describe with sufficient particularity the evidence whose production is required or
is unduly burdensome or oppressive. Any failure to obey such order of the court may be
punished by such court as a contempt.
4. Charges, orders, and other process and papers of the division, the board, or the
agent of either, may be served either personally or by registered mail. The verified
return by the individual so serving the same, setting forth the manner of such service,
shall be proof of service. The return post office receipt when registered and mailed as
provided in this paragraph shall be proof of service. Witnesses subpoenaed 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 same shall be entitled to the same
fees as are paid for like service in the superior court.
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