2019 Delaware Code
Title 19 - Labor
Chapter 31. Unemployment Insurance Appeal Board
Subchapter II Powers and Duties; Administrative Provisions
§ 3127 Refusal to obey subpoena; penalty.

Universal Citation: 19 DE Code § 3127 (2019)

(a) In case of contumacy by, or refusal to obey a subpoena issued to, any person, any court of this State 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 Department, a chairperson of an appeal tribunal or any duly authorized representative of either, shall have jurisdiction to issue to such person an order requiring such person to appear before the Department, an appeal tribunal or any duly authorized representative of either, there to produce evidence if so ordered or there to give testimony touching the matter under investigation or in question. Any failure to obey such order of the court may be punished by the court as a contempt thereof.

(b) Whoever without just cause fails or refuses to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda and other records if it is in the person’s power so to do in obedience to a subpoena of the Department, a chairperson of an appeal tribunal or any duly authorized representative of either shall be fined not less than $23 nor more than $230 or imprisoned not more than 60 days or both. Each day such violation continues shall be deemed to be a separate offense.

41 Del. Laws, c. 258, § 11; 19 Del. C. 1953, § 3128; 57 Del. Laws, c. 669, § 4G; 67 Del. Laws, c. 260, § 1; 70 Del. Laws, c. 186, § 1.

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