2006 Massachusetts Code - Chapter 7 — Section 11. Hearings on management or finances; witnesses; production of records, depositions, etc.; penalties.

Section 11. Whenever requested to make a special examination under section nine, or after first obtaining the approval of the governor or of the finance committee in making a special examination under the preceding section, the commissioner or the personnel administrator may require the attendance and testimony of witnesses and the production of all books, papers, contracts and documents relating thereto. Witnesses shall be summoned in the same manner and shall be paid the same fees as witnesses before the superior court. The commissioner may prescribe rules and regulations for the conduct of hearings, and the commissioner or said administrator may administer oaths to witnesses or take their affirmation. If any person summoned and paid as a witness refuses to attend, or to be sworn or to affirm, or to answer any question, or to produce any book, contract, document or paper pertinent to the matter before the commissioner or said administrator, a justice of the supreme judicial or the superior court, upon application by said commissioner or administrator, may issue an order requiring such person to appear before said commissioner or administrator, and to produce his books, contracts, documents and papers and to give evidence touching the matter in question. Failure to obey such an order of the court may be punished by the court as a contempt thereof. Any person summoned and paid who refuses to attend, or to be sworn or to affirm, or to answer any proper question, or to produce any book, contract, document or paper, pertinent to the matter before the commissioner or said administrator, and any person who wilfully interrupts or disturbs any hearing, or who is disorderly thereat, shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than one month, or both. Upon application by the commissioner or said administrator, commissions to take depositions of persons without the commonwealth may be issued by a justice of the supreme judicial or the superior court, to be used in hearings before the commissioner or said administrator, and all laws and rules relating to such commissions in civil actions shall apply to commissions issued hereunder. This section shall not be construed to compel any person to give any testimony or to produce any evidence, documentary or otherwise, which may tend to incriminate him.