Subpoenas and Injunctive Powers
The Department retains the power to issue subpoenas and injunctions, as outlined in the OC below.
- Subpoena duces tecum is a summons ordering the parties named to appear in court and produce tangible evidence for use at a hearing or trial.
- Instanter Subpoena is issued when a person fails to comply with a subpoena and is brought to court by the officer.
Civil Injunction: is an order requiring a person to do or cease to do a specific action. (1702.381 ), (1702.382), (1702.383)
OC Sec. 1702.367. COMPLAINT INVESTIGATION; SUBPOENA; WITNESS.
a. For an investigation conducted under this chapter, the Department may issue a subpoena to compel the attendance of a witness or the production of a pertinent record or document. The hearings office may administer oaths and require testimony or evidence to be given under oath.
b. A witness is not privileged to refuse to testify to a fact or to produce a record or document with respect to which the witness is properly examined by the hearings officer.
c. A person required to testify or to produce a record or document on any matter properly under inquiry by the Department who refuses to testify or to produce the record or document on the ground that the testimony or the production of the record or document would incriminate or tend to incriminate the person is nonetheless required to testify or to produce the record or document. A person who is required to testify or to produce a record or document under this subsection is not subject to indictment or prosecution for a transaction, matter, or thing concerning which the person truthfully testifies or produces evidence.
d. If a witness refuses to obey a subpoena or to give evidence relevant to proper inquiry by the Department, the Department may petition a district court of the county in which the hearing is held to compel the witness to obey the subpoena and to give the evidence. The court shall immediately issue process to the witness and shall hold a hearing on the petition as soon as possible.
e. An investigator employed by the department may take statements under oath in an investigation of a matter covered by this chapter.