State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter83 > 83-114

83-114. Department of Health and Human Services; investigatory powers; interference with investigation; penalty; privileges of witnesses; contempt.The Department of Health and Human Services shall have the power to summon and examine witnesses under oath, to examine books and papers pertaining to the subject under investigation, and to compel the production of such books and papers. Witnesses who are not employees of the state shall receive the same fees as witnesses in civil cases in the district court, and their fees shall be paid by vouchers. Any officer or employee who interferes in any manner with the department's official investigation shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be removed from his or her position, and be fined in a sum not less than ten dollars nor more than one hundred dollars. The claim that any testimony or evidence sought to be elicited or produced may tend to incriminate the person giving or producing it, or expose him or her to public ignominy, shall not excuse him or her from testifying or producing the evidence, but any evidence given by a witness at such an investigation shall not be used against him or her in a criminal prosecution. A witness shall not be exempt from prosecution and punishment for perjury for testifying falsely at an investigation. It shall be the duty of the department to cause such testimony to be filed in the office of the department as soon thereafter as practicable, and such testimony shall be open for inspection. Any person failing to obey the orders of the department, issued under the provisions of this section, shall be reported by the department to the district court, or any judge thereof, and shall be dealt with by the court or judge as for contempt of court. SourceLaws 1913, c. 179, § 19, p. 542; R.S.1913, § 7197; C.S.1922, § 6848; C.S.1929, § 83-119; R.S.1943, § 83-114; Laws 1961, c. 416, § 17, p. 1271; Laws 1996, LB 1044, § 903; Laws 2007, LB296, § 781. Cross ReferencesFor witness fees in district court, see section 33-139.