(1) The department may adopt rules necessary to carry out the intent and purposes
of this part.
(2) The department may issue subpoenas to compel the attendance of witnesses and the
production of documents, papers, books, records, and other evidence before it in any
matter over which it has jurisdiction, control, or supervision pertaining to this
part. The department may administer oaths and affirmations to a person whose testimony
(3) If a person refuses to obey a subpoena or to give testimony or produce evidence
as required by it, a judge of the district court of the county in which the licensed
premises are located may, upon application and proof of the refusal, issue a subpoena
or subpoena duces tecum for the witness to appear before the department to give testimony
and produce evidence as may be required. The clerk of court shall then issue the subpoena, as directed, under the seal of
the court, requiring the person to whom it is directed to appear at the time and place
designated in it.
(4) If a person served with a subpoena refuses to obey it or to give testimony or
produce evidence as required by the subpoena, the department may apply to the judge
of the court issuing the subpoena for an arrest warrant for that person, as for a
contempt. The judge, upon satisfactory proof of the refusal, shall issue an arrest warrant,
directed to any sheriff, constable, or police officer, for the arrest of that person
and, upon that person being brought before the judge, proceed to a hearing of the
case. The judge may compel:
(a) obedience to the subpoena;
(b) the answering of any question;
(c) the production of any evidence that may be proper; or
(d) the witness to pay the costs of the proceeding.
(5) Failure to comply with the requirements of subsection (4)(a), (4)(b), or (4)(c)
is punishable by a fine not exceeding $100 or by imprisonment in the county jail,
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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