44-1825. Contempt; penalty
A. In case of contumacy or refusal to obey a subpoena or citation issued by the
commission, any member of the commission, the director or any officer designated by the
commission, the superior court in Maricopa county, on application by the commission,
shall issue to the person an order requiring the person to appear before the commission,
the director or the officer designated by the commission to produce documentary evidence
if so ordered and to give evidence touching the matter under investigation or in
question. Failure to obey the order of the court may be punished by the court as a
contempt of court.
B. In the case of wilful noncompliance with a nondisclosure order included in a
subpoena issued pursuant to section 44-1823, on application by the commission, the
superior court in Maricopa county may exercise its contempt powers. For the purposes of
this subsection, "wilful" has the same meaning as that prescribed to wilfully in section
1-215.
C. The court shall award reasonable expenses, including attorney fees, to the
commission if the refusal to obey a subpoena or citation issued by the commission was not
substantially justified, unless other circumstances make an award of expenses unjust.
D. Process in any proceeding pursuant to this section may be served on the
defendant in any county of this state in which the defendant transacts business or is
found.
E. Any expenses, including attorney fees, collected pursuant to this section shall
be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
|