§ 8-16-4.1 — Subpoena powers of commission.
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The members of the commission are hereby severally authorized and empowered to
administer oaths; and the commission, in all cases of every nature pending
before it, is hereby authorized and empowered to summon and examine witnesses
and to compel the production and examination of papers, books, accounts,
documents, records, certificates, and other legal evidence that may be
necessary or proper for the determination and decision of any question before
or the discharge of any duty required by law of the commission. All subpoenas
and subpoenas duces tecum shall be signed by the chairperson or, in the absence
or disqualification of the chairperson, by any other member thereof, shall be
served as subpoenas are now served in civil cases in the superior court; and
witnesses so subpoenaed shall be entitled to the same fees for attendance and
travel as are now provided for witnesses in civil cases in the superior court.
If any person fails to obey the command of any such subpoena without reasonable
cause, or if a person in attendance before the commission shall, without
reasonable cause, refuse to be sworn, or to be examined, or to answer a legal
and pertinent question, the commission may apply to any justice of the superior
court, upon proof by affidavit of the fact, for a rule or order, returnable in
not less than two (2) or more than five (5) days, directing the person to show
cause why he or she should not be adjudged in contempt. Upon the return of the
order, the justice before whom the matter is brought for a hearing shall
examine under oath the person and such person shall be given an opportunity to
be heard, and if the justice shall determine that the person has refused
without reasonable cause or legal excuse to be examined, or to answer a legal
and pertinent question, or to produce books, accounts, papers, records, and
documents material to the issue which he or she was ordered to bring or
produce, he or she may forthwith commit the person to the adult correctional
institutions, there to remain until he or she submits to do the act which he or
she was so required to do, or is discharged according to law. If an application
for contempt pursuant to this section relates to the actions of a witness at a
public hearing, then the papers filed with and proceedings before the court
shall be open to the public; otherwise, such papers and proceedings shall be
confidential.