§ 39-12-5 Administration of chapter –Investigations – Hearings. – (a) For the effective administration of this chapter as may relate to thesupervision and regulation of motor carriers of property over the highways ofthis state in intrastate or interstate commerce, the administrator shalldesignate examiners, investigators, field investigators, hearing officers,regulatory inspectors, and other employees to enforce and carry into effect theprovisions of this chapter, to make investigations, and to conduct hearings onany matter arising under this chapter. In conducting an investigation and/orhearing, the person so designated by the administrator shall be vested with allpowers conferred on the administrator by this chapter; and upon completion ofthe investigation and/or hearing, the party hearing or investigating shalldecide the matter at issue in hearing or under investigation and shall file hisor her decision and findings in writing with the administrator, and his or herdecision or finding when signed by the administrator shall be deemed thedecision and order of the administrator.
(b) The administrator or his or her duly authorizedexaminers, investigators, officers, or regulatory inspectors shall haveauthority to examine all equipment of motor carriers and lessors and shall haveauthority to inspect, examine, and copy all accounts, books, records,memoranda, correspondence, and other documents of such motor carriers and/orlessors, and such documents, accounts, books, records, correspondence, andmemoranda of any person controlling, controlled by, or under common control ofany carrier, as the administrator shall deem relevant to the person's relationto or transaction with the carrier. Motor carriers, lessors, or persons shallsubmit their accounts, books, records, memoranda, correspondence, or otherdocuments, relating to motor carrier activities only, for the inspection andcopying authorized by this section, and motor carriers and lessors shall submittheir equipment for examination and inspection, to any duly authorizedexaminer, investigator, or regulatory inspector upon demand and the display ofproper credentials. The administrator shall have the power to administer oaths,summon and examine witnesses, and order the production and examination ofbooks, accounts, records, memoranda, correspondence, and other documents in anyproceeding within the jurisdiction of the administrator. All subpoenas andorders for the production of books, accounts, papers, records, and documentsshall be signed and issued by the administrator and served as subpoenas incivil cases in the superior court are now served, and witnesses so subpoenaedshall be entitled to the same fees for attendance and travel as are nowprovided for witnesses in civil cases in the superior court.
(c) If the person subpoenaed to attend before the divisionfails to obey the command of the subpoena without reasonable cause, or if aperson in attendance before the administrator shall, without reasonable cause,refuse to be sworn, or to be examined, or to answer a legal or pertinentquestion, or if any person shall refuse to produce books, accounts, records,memoranda, correspondence, or other documents material to the issue, set forthin an order duly served on him or her, the administrator or his or her agentthereof may apply to any justice of the superior court of any county, uponproof by affidavit of the fact, for a rule or order returnable in not less thantwo (2) or more than five (5) days, directing the person to show cause beforethe justice who made the order or any justice of the superior court why he orshe should not be adjudged for contempt. Upon return of the order, the justicebefore whom the matter is brought for a hearing shall examine under oath theperson, and the person shall be given an opportunity to be heard, and if thejustice shall determine that the person has refused without reasonable cause orlegal excuse to be examined or to answer a legal question and a pertinentquestion, or to produce books, accounts, records, memoranda, correspondence, orother documents material to the issue, which he or she was ordered to bring orproduce, the justice may immediately commit the offender to jail, there toremain until he or she submits to do the act for which he or she was requiredto do, or is discharged according to law.
§ 39-12-5 Administration of chapter –Investigations – Hearings. – (a) For the effective administration of this chapter as may relate to thesupervision and regulation of motor carriers of property over the highways ofthis state in intrastate or interstate commerce, the administrator shalldesignate examiners, investigators, field investigators, hearing officers,regulatory inspectors, and other employees to enforce and carry into effect theprovisions of this chapter, to make investigations, and to conduct hearings onany matter arising under this chapter. In conducting an investigation and/orhearing, the person so designated by the administrator shall be vested with allpowers conferred on the administrator by this chapter; and upon completion ofthe investigation and/or hearing, the party hearing or investigating shalldecide the matter at issue in hearing or under investigation and shall file hisor her decision and findings in writing with the administrator, and his or herdecision or finding when signed by the administrator shall be deemed thedecision and order of the administrator.
(b) The administrator or his or her duly authorizedexaminers, investigators, officers, or regulatory inspectors shall haveauthority to examine all equipment of motor carriers and lessors and shall haveauthority to inspect, examine, and copy all accounts, books, records,memoranda, correspondence, and other documents of such motor carriers and/orlessors, and such documents, accounts, books, records, correspondence, andmemoranda of any person controlling, controlled by, or under common control ofany carrier, as the administrator shall deem relevant to the person's relationto or transaction with the carrier. Motor carriers, lessors, or persons shallsubmit their accounts, books, records, memoranda, correspondence, or otherdocuments, relating to motor carrier activities only, for the inspection andcopying authorized by this section, and motor carriers and lessors shall submittheir equipment for examination and inspection, to any duly authorizedexaminer, investigator, or regulatory inspector upon demand and the display ofproper credentials. The administrator shall have the power to administer oaths,summon and examine witnesses, and order the production and examination ofbooks, accounts, records, memoranda, correspondence, and other documents in anyproceeding within the jurisdiction of the administrator. All subpoenas andorders for the production of books, accounts, papers, records, and documentsshall be signed and issued by the administrator and served as subpoenas incivil cases in the superior court are now served, and witnesses so subpoenaedshall be entitled to the same fees for attendance and travel as are nowprovided for witnesses in civil cases in the superior court.
(c) If the person subpoenaed to attend before the divisionfails to obey the command of the subpoena without reasonable cause, or if aperson in attendance before the administrator shall, without reasonable cause,refuse to be sworn, or to be examined, or to answer a legal or pertinentquestion, or if any person shall refuse to produce books, accounts, records,memoranda, correspondence, or other documents material to the issue, set forthin an order duly served on him or her, the administrator or his or her agentthereof may apply to any justice of the superior court of any county, uponproof by affidavit of the fact, for a rule or order returnable in not less thantwo (2) or more than five (5) days, directing the person to show cause beforethe justice who made the order or any justice of the superior court why he orshe should not be adjudged for contempt. Upon return of the order, the justicebefore whom the matter is brought for a hearing shall examine under oath theperson, and the person shall be given an opportunity to be heard, and if thejustice shall determine that the person has refused without reasonable cause orlegal excuse to be examined or to answer a legal question and a pertinentquestion, or to produce books, accounts, records, memoranda, correspondence, orother documents material to the issue, which he or she was ordered to bring orproduce, the justice may immediately commit the offender to jail, there toremain until he or she submits to do the act for which he or she was requiredto do, or is discharged according to law.
§ 39-12-5 Administration of chapter –Investigations – Hearings. – (a) For the effective administration of this chapter as may relate to thesupervision and regulation of motor carriers of property over the highways ofthis state in intrastate or interstate commerce, the administrator shalldesignate examiners, investigators, field investigators, hearing officers,regulatory inspectors, and other employees to enforce and carry into effect theprovisions of this chapter, to make investigations, and to conduct hearings onany matter arising under this chapter. In conducting an investigation and/orhearing, the person so designated by the administrator shall be vested with allpowers conferred on the administrator by this chapter; and upon completion ofthe investigation and/or hearing, the party hearing or investigating shalldecide the matter at issue in hearing or under investigation and shall file hisor her decision and findings in writing with the administrator, and his or herdecision or finding when signed by the administrator shall be deemed thedecision and order of the administrator.
(b) The administrator or his or her duly authorizedexaminers, investigators, officers, or regulatory inspectors shall haveauthority to examine all equipment of motor carriers and lessors and shall haveauthority to inspect, examine, and copy all accounts, books, records,memoranda, correspondence, and other documents of such motor carriers and/orlessors, and such documents, accounts, books, records, correspondence, andmemoranda of any person controlling, controlled by, or under common control ofany carrier, as the administrator shall deem relevant to the person's relationto or transaction with the carrier. Motor carriers, lessors, or persons shallsubmit their accounts, books, records, memoranda, correspondence, or otherdocuments, relating to motor carrier activities only, for the inspection andcopying authorized by this section, and motor carriers and lessors shall submittheir equipment for examination and inspection, to any duly authorizedexaminer, investigator, or regulatory inspector upon demand and the display ofproper credentials. The administrator shall have the power to administer oaths,summon and examine witnesses, and order the production and examination ofbooks, accounts, records, memoranda, correspondence, and other documents in anyproceeding within the jurisdiction of the administrator. All subpoenas andorders for the production of books, accounts, papers, records, and documentsshall be signed and issued by the administrator and served as subpoenas incivil cases in the superior court are now served, and witnesses so subpoenaedshall be entitled to the same fees for attendance and travel as are nowprovided for witnesses in civil cases in the superior court.
(c) If the person subpoenaed to attend before the divisionfails to obey the command of the subpoena without reasonable cause, or if aperson in attendance before the administrator shall, without reasonable cause,refuse to be sworn, or to be examined, or to answer a legal or pertinentquestion, or if any person shall refuse to produce books, accounts, records,memoranda, correspondence, or other documents material to the issue, set forthin an order duly served on him or her, the administrator or his or her agentthereof may apply to any justice of the superior court of any county, uponproof by affidavit of the fact, for a rule or order returnable in not less thantwo (2) or more than five (5) days, directing the person to show cause beforethe justice who made the order or any justice of the superior court why he orshe should not be adjudged for contempt. Upon return of the order, the justicebefore whom the matter is brought for a hearing shall examine under oath theperson, and the person shall be given an opportunity to be heard, and if thejustice shall determine that the person has refused without reasonable cause orlegal excuse to be examined or to answer a legal question and a pertinentquestion, or to produce books, accounts, records, memoranda, correspondence, orother documents material to the issue, which he or she was ordered to bring orproduce, the justice may immediately commit the offender to jail, there toremain until he or she submits to do the act for which he or she was requiredto do, or is discharged according to law.
