§371-6  Powers respecting oaths, subpoenas,etc.; witness fees, expenses, immunities.  In all hearings orinvestigations conducted by the director of labor and industrial relations, orany of the director's duly authorized subordinates, including a hearingsofficer appointed by the appeal board under section 371-4, or the appeal board,with respect to any matters cognizable by any of them, each of the officers,and each member of the board, shall have the same powers respecting theadministering of oaths, compelling the attendance of witnesses, the productionof documentary evidence, and examining or causing to be examined witnesses, asare possessed by a circuit court and may take depositions and certify toofficial acts.  The circuit court of any circuit upon application by any ofthem shall have power to enforce by proper proceedings the attendance andtestimony of any witness so subpoenaed.  Subpoena and witness fees and mileagein such cases shall be the same as in criminal cases in the circuit courts.  Necessaryexpenses of or in connection with any such hearings or investigations shall bepayable from the funds appropriated for expenses of administration for thedepartment of labor and industrial relations.

No person shall be excused from attending ortestifying or producing material, books, papers, correspondence, memoranda, andother records, before the director, the director's duly authorized subordinate,including a hearings officer appointed by the appeal board under section 371-4,or the appeal board, or in obedience to the subpoena of any of them, in anycause or proceeding before them, on the grounds that the testimony andevidence, documentary or otherwise, required of the person may tend toincriminate the person or subject the person to a penalty or forfeiture; but noindividual shall be prosecuted or subjected to any penalty or forfeiture for oron account of any transaction, matter, or thing concerning which the individualis compelled, after having claimed the individual's privilege againstself-incrimination, to testify or produce evidence, documentary or otherwise,except that the individuals so testifying shall not be exempt from prosecutionand punishment for perjury committed in so testifying. [L 1939, c 237, §1(8);RL 1945, §4111; RL 1955, §88-12; am L Sp 1959 2d, c 1, §27; HRS §371-6; am L1973, c 31, pt of §21; gen ch 1985; am L 2009, c 3, §3]

 

Cross References

 

  Hearings, see chapter 91.

  Oaths, see §§1-21, 621-12.

  Subpoenas, see §621-1.

 

Rules of Court

 

  Oaths, see HRCP rule 43(d).

  Subpoenas, see HRCP rule 45.