2019 Arkansas Code
Title 12 - Law Enforcement, Emergency Management, and Military Affairs
Subtitle 2 - Law Enforcement Agencies and Programs
Chapter 13 - Fire Prevention
Subchapter 1 - Fire Prevention Act
§ 12-13-112. Inquiries
(a) When the Director of the Division of Arkansas State Police or any officer or deputy has reason to believe that a crime or other offense has been committed in connection with any fire, the director or his or her deputy may conduct an inquiry in relation thereto.
(b) The inquiry shall be held at such time and place as the director or his or her deputy shall determine.
(c) The director or his or her deputy shall have the power:
(1) Of subpoena to compel the attendance of witnesses to testify at the inquiry and for the production of books, records, papers, other writings, or things deemed material to the inquiry;
(2) To administer oaths or affirmations of witnesses; and
(3) To cause testimony to be taken stenographically, transcribed, and preserved.
(d) The inquiry or examination may be public or private as the director or his or her deputy may determine, and persons other than those required to be present may be excluded from the place thereof.
(e) Witnesses may be kept separate and apart from each other and not allowed to communicate with one another until they have been examined.
(f) Willful false swearing by any witness shall be deemed perjury and be punishable as such.
(g)
(1) In case of disobedience of a subpoena, the director or his or her deputy may invoke the aid of the proper circuit court of the jurisdiction to compel the attendance and testimony of witnesses and production of books, papers, written material, and things incident to the inquiry.
(2) The circuit court is empowered to punish as a contempt any disobedience or refusal to obey a subpoena.
(h)
(1) No person shall be excused from testifying or producing any books, records, papers, or things, or upon any hearing, when ordered to do so, upon the ground that the testimony or evidence may tend to incriminate him or her or subject him or her to a criminal penalty.
(2)
(A) However, no person shall be prosecuted or subjected to criminal liability for or on account of any transaction made or thing concerning which he or she may testify or produce evidence, documentary or otherwise, before the director or his or her deputy.
(B) No person so testifying shall be exempt from prosecution and punishment for perjury committed in his or her testimony.
(i) The prosecuting attorney of any district, upon request of the director or his or her officer or deputy, shall assist in any investigation when called upon to do so.
