2006 Code of Virginia § 32.1-324.1 - Authority to administer oaths, conduct hearings; obtaining relevant documents and other informatio...

32.1-324.1. Authority to administer oaths, conduct hearings; obtainingrelevant documents and other information.

A. The Director of the Department of Medical Assistance Services or hisdesignee is authorized in the exercise and performance of official functions,duties, and powers under the provisions of this title to hold and conducthearings, to administer oaths, and to take testimony under oath. The Directoris authorized to make an ex parte application to the Circuit Court for theCity of Richmond for the issuance of a subpoena, in furtherance of anyinvestigation within the jurisdiction of the Department, to request theattendance of witnesses and the production of any relevant records,memoranda, papers, and other documents. The Court is authorized to issue andcompel compliance with such subpoena upon a showing of good cause. The Court,upon determining that good cause exists to believe that evidence may bedestroyed or altered, may issue a subpoena requiring the production ofevidence forthwith.

B. In accordance with federal and state law, the Director or his designeeshall conduct hearings on determinations of eligibility or continuedeligibility of applicants or recipients for services under the state plan formedical assistance. In addition to the authority conferred upon the Directorby subsection A of this section, the Director or his designee, in connectionwith any such proceedings, may issue subpoenas requiring the attendance ofwitnesses and the production of records, memoranda, papers, and otherdocuments.

C. Failure or refusal to comply with a subpoena issued pursuant to subsectionB of this section shall be punishable as a Class 4 misdemeanor.

(1986, c. 440; 1990, c. 383.)