46-260.Investigations by commission; administrationof oaths andsubpoena of witnesses, documents and records.(a) The commission may investigate, or cause to be investigated, any matterrequired to be reported upon by any person under the provisions of the stategovernmental ethics law, or any matter to which the state governmentalethics law applies, irrespective of whether acomplaint has been filed in relation thereto.
(b) (1) After a preliminary investigation of any matter reportedto the commissionpursuant to subsection (a), and upon specific written findings of fact andconclusions of law by the commission thatthere is a reasonable suspicion that a violation of thestate governmental ethics law has occurred, the commission or any officerdesignated by the commission may administer oaths and affirmations, subpoenawitnesses, compeltheirattendance, take evidence, and require the production of any books, papers,correspondence, memoranda, agreements, or other documents or records whichthe commission deems relevant or material to the investigation.The commission shallreimburse the reasonable costs of production of documents subject to subpoena.All subpoenas and subpoenas duces tecum issuedunder this section shall be authorized by the affirmative vote of not less than3/4 of the members of the commission.Any vote authorizing the issuance of a subpoena or subpoena duces tecum shallbe taken at a meeting where the commissioners are in physical presence.Subpoenas duces tecum shall be limited to items reasonably relevant to suchalleged violations.Upon the request of any person subpoenaed to appear andgive testimony or to produce books, papers or documents, the commission shallprovide a copy of the written findings of facts and conclusions of lawsrelatingto the alleged violation committed by such person.
(2) In case of contumacy by, or refusal to obey a subpoena issuedto anyperson, the district court of Shawnee county, upon application by thecommission, or any officer designated by the commission, may issue to thatperson an order requiring the person to appear before the commission or anyofficer designated by the commission, there to produce documentary evidenceif so ordered or to give evidence touching the matter under investigationor in question. Any failure to obey the order of the court may be punishedby the court as a contempt of court.
History: L. 1974, ch. 353, § 46;L. 1991, ch. 150, § 31;L. 1998, ch. 29, § 2; July 1.
46-260.Investigations by commission; administrationof oaths andsubpoena of witnesses, documents and records.(a) The commission may investigate, or cause to be investigated, any matterrequired to be reported upon by any person under the provisions of the stategovernmental ethics law, or any matter to which the state governmentalethics law applies, irrespective of whether acomplaint has been filed in relation thereto.
(b) (1) After a preliminary investigation of any matter reportedto the commissionpursuant to subsection (a), and upon specific written findings of fact andconclusions of law by the commission thatthere is a reasonable suspicion that a violation of thestate governmental ethics law has occurred, the commission or any officerdesignated by the commission may administer oaths and affirmations, subpoenawitnesses, compeltheirattendance, take evidence, and require the production of any books, papers,correspondence, memoranda, agreements, or other documents or records whichthe commission deems relevant or material to the investigation.The commission shallreimburse the reasonable costs of production of documents subject to subpoena.All subpoenas and subpoenas duces tecum issuedunder this section shall be authorized by the affirmative vote of not less than3/4 of the members of the commission.Any vote authorizing the issuance of a subpoena or subpoena duces tecum shallbe taken at a meeting where the commissioners are in physical presence.Subpoenas duces tecum shall be limited to items reasonably relevant to suchalleged violations.Upon the request of any person subpoenaed to appear andgive testimony or to produce books, papers or documents, the commission shallprovide a copy of the written findings of facts and conclusions of lawsrelatingto the alleged violation committed by such person.
(2) In case of contumacy by, or refusal to obey a subpoena issuedto anyperson, the district court of Shawnee county, upon application by thecommission, or any officer designated by the commission, may issue to thatperson an order requiring the person to appear before the commission or anyofficer designated by the commission, there to produce documentary evidenceif so ordered or to give evidence touching the matter under investigationor in question. Any failure to obey the order of the court may be punishedby the court as a contempt of court.
History: L. 1974, ch. 353, § 46;L. 1991, ch. 150, § 31;L. 1998, ch. 29, § 2; July 1.
46-260.Investigations by commission; administrationof oaths andsubpoena of witnesses, documents and records.(a) The commission may investigate, or cause to be investigated, any matterrequired to be reported upon by any person under the provisions of the stategovernmental ethics law, or any matter to which the state governmentalethics law applies, irrespective of whether acomplaint has been filed in relation thereto.
(b) (1) After a preliminary investigation of any matter reportedto the commissionpursuant to subsection (a), and upon specific written findings of fact andconclusions of law by the commission thatthere is a reasonable suspicion that a violation of thestate governmental ethics law has occurred, the commission or any officerdesignated by the commission may administer oaths and affirmations, subpoenawitnesses, compeltheirattendance, take evidence, and require the production of any books, papers,correspondence, memoranda, agreements, or other documents or records whichthe commission deems relevant or material to the investigation.The commission shallreimburse the reasonable costs of production of documents subject to subpoena.All subpoenas and subpoenas duces tecum issuedunder this section shall be authorized by the affirmative vote of not less than3/4 of the members of the commission.Any vote authorizing the issuance of a subpoena or subpoena duces tecum shallbe taken at a meeting where the commissioners are in physical presence.Subpoenas duces tecum shall be limited to items reasonably relevant to suchalleged violations.Upon the request of any person subpoenaed to appear andgive testimony or to produce books, papers or documents, the commission shallprovide a copy of the written findings of facts and conclusions of lawsrelatingto the alleged violation committed by such person.
(2) In case of contumacy by, or refusal to obey a subpoena issuedto anyperson, the district court of Shawnee county, upon application by thecommission, or any officer designated by the commission, may issue to thatperson an order requiring the person to appear before the commission or anyofficer designated by the commission, there to produce documentary evidenceif so ordered or to give evidence touching the matter under investigationor in question. Any failure to obey the order of the court may be punishedby the court as a contempt of court.
History: L. 1974, ch. 353, § 46;L. 1991, ch. 150, § 31;L. 1998, ch. 29, § 2; July 1.
