2009 Rhode Island Code
Title 46 - Waters and Navigation
CHAPTER 46-23 - Coastal Resources Management Council
§ 46-23-20.6 - Oaths Subpoenas Powers of hearing officers.
§ 46-23-20.6 Oaths Subpoenas Powers of hearing officers. The hearing officers are hereby severally authorized and empowered to administer oaths, and the hearing officers, in all cases of every nature pending before them, are 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 hearing officer. All subpoenas and subpoena duces tecum shall be signed by a hearing officer or the commissioner of coastal resources, and shall be served as subpoenas are 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 provided for witnesses in civil cases in the superior court. In cases of contumacy or refusal to obey the command of the subpoena so issued, the superior court shall have jurisdiction upon application of the council with proof by affidavit of the fact, to issue a rule or order returnable, in not less than two (2) nor more than five (5) days, directing the person to show cause why he or she should not be adjudged in contempt. Upon return of such order, the justice, before whom the matter is brought for hearing, shall examine under oath the person, and the 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 legal or pertinent questions, he or she may impose a fine upon the offender or forthwith commit the offender 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.
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