34-20-11. Hearings and investigations -- Power of board -- Witnesses -- Procedure.
For the purpose of all hearings and investigations, which, in the opinion of the board, are
necessary and proper for the exercise of the powers vested in it by Sections 34-20-9 and
34-20-10:
(1) The board, or its duly authorized agents or agencies, shall at all reasonable times have
access to, for the purpose of examination, and the right to copy, any evidence of any person being
investigated or proceeded against that relates to any matter under investigation or in question.
Any member of the board shall have power to issue subpoenas requiring the attendance and
testimony of witnesses and the production of any evidence that relates to any matter under
investigation or in question, before the board, its member, agent, or agency conducting the
hearing or investigation. Any member of the board, or any agent or agency designated by the
board, for these purposes, may administer oaths and affirmations, examine witnesses, and receive
evidence. Attendance of witnesses and the production of evidence may be required from any
place in the state at any duly designated place of hearing.
(2) In case of contumacy or refusal to obey a subpoena issued to any person, any district
court of Utah within the jurisdiction of which the inquiry is carried on or within the jurisdiction of
which the person guilty of contumacy or refusal to obey is found or resides or transacts business
upon application by the board shall have jurisdiction to issue to the person an order requiring the
person to appear before the board, its member, agent, or agency, to produce evidence if so
ordered, or to give testimony touching the matter under investigation or in question; and any
failure to obey the order of the court may be punished by the court as a contempt.
(3) In the event a witness asserts a privilege against self-incrimination, testimony and
evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of
Immunity.
(4) Complaints, orders, and other processes and papers of the board, its member, agent,
or agency, may be served either personally, by certified or registered mail, by telegraph, or by
leaving a copy at the principal office or place of business of the person required to be served.
The verified return by the individual serving the documents setting forth the manner of the service
shall be proof of the service, and the return post office receipt or telegram receipt when certified
or registered and mailed or telegraphed shall be proof of service. Witnesses summoned before
the board, its member, agent, or agency, shall be paid the same fees and mileage that are paid
witnesses in the courts of the state, and witnesses whose depositions are taken and the persons
taking them shall be entitled to the same fees paid for the same services in the courts of the state.
(5) All departments and agencies of the state, when directed by the governor, shall furnish
to the board, upon its request, all records, papers, and information in their possession relating to
any matter before the board.
Amended by Chapter 296, 1997 General Session
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Last revised: Thursday, May 28, 2009