§271-34  Witnesses.  (a)  Each witnesswho appears by order of the public utilities commission shall receive for thewitness' attendance the same fees and mileage allowed by law to a witness incivil cases, which shall be paid by the party at whose request the witness issubpoenaed.  When any witness who has not been required to attend at therequest of any party is subpoenaed by the commission, the witness' fees andmileage shall be paid from the fund appropriated for the use of the commissionin the same manner as other expenses of the commission are paid.  Any witnesssubpoenaed except one whose fees and mileage may be paid from the funds of thecommission, may, at the time of service, demand the fee to which the witness isentitled for travel to and from the place at which the witness is required toappear, and one day's attendance.  If the witness demands the fees at the timeof service, and they are not at that time paid or tendered, the witness shallnot be required to appear.  All fees or mileage to which any witness isentitled under this section may be collected by action therefor instituted bythe person to whom the fees are payable.  No witness furnished with freetransportation shall receive mileage for the distance the witness may havetraveled on such free transportation.

(b)  In case of the refusal of any witness toattend or testify or produce any papers required by a subpoena issued by thecommission, the commission may file in the circuit court a petition settingforth that due notice has been given of the time and place of attendance of thewitness, or the production of the papers, and that the witness has beensummoned in the manner prescribed in this section and has failed and refused toattend or produce the papers required by the subpoena, or has refused to answerquestions propounded to the witness in the course of the proceeding.  Thepetition shall include a request for an order of the court, compelling thewitness to attend and testify or produce the papers before the commission.

(c)  Upon the filing of a petition the courtshall enter an order directing the witness to appear before the court at a timeand place fixed in the order and show cause why the witness has not attendedand testified or produced the papers before the commission.  The time fixedshall not be more than ten days from the date of the order.  A copy of theorder shall be served upon the witness.  If it appears to the court that thesubpoena was regularly issued by the commission, the court shall thereuponenter an order that the witness appear before the commission at the time andplace fixed in the order, and testify or produce the required papers, and uponfailure to obey the order, the witness shall be dealt with as for contempt ofcourt.

(d)  The commission or any party may, in anyinvestigation or hearing before the commission, cause the deposition ofwitnesses residing within or without the State to be taken in the mannerprescribed by law for like deposition in civil actions in the circuit courts ofthis State and to that end may compel the attendance of witnesses and theproduction of books, waybills, documents, papers, and accounts.

(e)  No person shall be excused from testifyingor from producing any book, waybill, document, paper, or account in any investigationor inquiry by or hearing before the commission when ordered to do so, upon theground that the testimony or evidence, book, waybill, document, paper, oraccount required of the person may tend to incriminate the person or subjectthe person to penalty, but no person shall be prosecuted, punished, orsubjected to any penalty for or on account of any act, transaction, matter, orthings concerning which, under oath, the person has testified or produceddocumentary evidence, but no person so testifying shall be exempt fromprosecution or punishment for any perjury committed by the person in theperson's testimony.  Nothing herein shall be construed as in any manner givingto any corporate motor carrier immunity of any kind. [L 1961, c 121, pt of §2;Supp, §106C-32; HRS §271-34; gen ch 1985]

 

Cross References

 

  Witness fees, see §607-12.