2020 Arkansas Code
Title 19 - Public Finance
Chapter 1 - General Provisions
Subchapter 2 - Fiscal Duties of Department of Finance and Administration
§ 19-1-211. Investigations

Universal Citation: AR Code § 19-1-211 (2020)
  1. (a)

    1. (1) In any matter within the jurisdiction of the Department of Finance and Administration, the Secretary of the Department of Finance and Administration shall have the power to make investigations and may delegate that power to any division or section head of the department.

    2. (2) For this purpose, the secretary shall have the power to subpoena witnesses and require the production of any books, records, papers, or documents that may be material or relevant as evidence and to administer oaths to and take the testimony of witnesses.

  2. (b)

    1. (1) In case of disobedience to any subpoena or other process, the secretary may invoke the aid, with the written approval of the Governor, of the Pulaski County Circuit Court in requiring the testimony of witnesses and the production of evidence, books, records, papers, or documents.

    2. (2)

      1. (A) In case of refusal to obey the subpoena issued to any person, firm, or corporation, the circuit court shall issue an order calling such person, firm, or corporation to appear before the secretary or other employee designated by the secretary and to produce all books and papers so ordered and give evidence touching the matter in question.

      2. (B) Any failure to obey the order of the circuit court may be punished by the circuit court as contempt of the circuit court.

  3. (c) A subpoena for a witness may be issued by the secretary or by any division or section head of the department in whom any such authority may have been vested by the secretary and shall be served as provided by law for the service of other subpoenas.

  4. (d)

    1. (1)

      1. (A) The failure or refusal of any witness to appear or to produce any books, papers, or documents required by the secretary and to submit them for inspection or the refusal to answer any relevant question propounded by the secretary shall constitute a violation punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

      2. (B) Each failure or refusal by any witness to appear or produce any such books, papers, or documents shall constitute a separate offense.

    2. (2) False testimony given in any such inquiry shall constitute perjury punishable as provided by law.

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