Topic:
SUBPOENA; STATE BOARDS AND COMMISSIONS; EXECUTIVE AGENCIES;
Location:
SUBPOENA;
Scope:
Connecticut laws/regulations;

OLR Research Report


The Connecticut General Assembly

OFFICE OF LEGISLATIVE RESEARCH




January 22, 1997 97-R-0041

TO:

FROM: Pamela Lucas, Research Attorney

RE: Agency Subpoena Powers

You asked for a list of the agencies that have subpoena power and a brief description of the power.

SUMMARY

Virtually all of the state agencies, and many state boards and commissions, are empowered to subpoena people to answer questions; and produce papers and documents related to matters under the particular agency's, board's, or commission's jurisdiction—typically in connection with investigations and hearings authorized under specific statutes. In addition, the Uniform Administrative Procedure Act (UAPA) authorizes the presiding officer in contested cases to administer oaths, take testimony under oath, subpoena witnesses, and require the production of records, physical evidence, papers, and documents for hearings (CGS 4-177b). (Contested cases are proceedings in which the legal rights, duties, or privileges of a party are required to be determined by an agency after an opportunity for a hearing.)

A few of the statutes declare that a person may not refuse to comply with a subpoena on the ground that the requested information might incriminate him, but that the information may not be used in a criminal proceeding against him. Most of the statutes allow the subpoena issuer to seek a court enforcement order when a person refuses to comply, regardless of the ground asserted. Some statutes require the court to order the person to appear before it to provide the requested information; others require the court to order the person to appear before the agency, board, or commission. Under the UAPA, if a person refuses to obey a subpoena, answer questions, or produce evidence, the agency may apply to the court, setting forth the disobedience, and the court must cite the person to appear before it to show cause why the evidence should not be produced or the questions not answered. For those statutory provisions that permit issuance of a subpoena but do not specify how to enforce it, CGS 1-3b authorizes the court, pursuant to an application by the subpoena issuer, to order a person who disobeys the subpoena to appear, give testimony or produce the evidence, as the case may be.

Most of the statutes further specify the consequences of a person's failure to comply with the court order. Many require the court to order the person committed to a community correctional center until he complies, but for no longer than 60 days. Some simply declare that failure to comply may be punishable as contempt.

The remainder of this memo summarizes most of the statutory provisions that authorize state agencies, boards, and commissions to issue subpoenas. Excluded, however, are equivalent grants of authority that do not explicitly use the term “subpoena.” For instance, CGS 16-8 authorizes the department of public utility control or its commissioners in performing its duties or conducting hearings, or upon request, to summon and examine witnesses under oath, and to direct the production of and examine the records and documents of public service companies. Also excluded from this memo is the grant of authority to the state's attorneys, assistant state's attorneys, and deputy state's attorneys within the Division of Criminal Justice to issue subpoenas for witnesses to be sworn before the court in criminal cases (CGS 51-286a).

DEPARTMENTS

Administrative Services

The department's Employees' Review Board, charged with hearing and acting upon state personnel act appeals, is authorized to administer oaths and affirmations, issue subpoenas and compel the testimony of witnesses and production of records, paper and documents, and conduct investigations and hearings (CGS 5-201(b)). (The board has jurisdiction over labor matters that involve state civil service employees who are not covered by collective bargaining agreements.)

Agriculture

The agriculture commissioner may hold hearings, administer oaths, take testimony and subpoena witnesses and evidence, enter orders and institute legal proceedings to enforce statutes, regulations, orders, or permits administered, adopted, or issued by him (PA 95-141, 4). In addition, the state milk industry statutes authorize him or his designated agent to subpoena dealers and others, and books, papers and records necessary to effectuate state policy. If a person refuses to comply, the commissioner or his agent may apply for a court order requiring the person to appear before the commissioner or his agent to answer the questions or produce the material. Testimony refused upon a self-incrimination ground may be required but may not be used in any criminal proceeding to incriminate the witness claiming the privilege. If a person refuses to comply with the court order, the court must commit him to a community correctional center until he complies, but for no longer than 60 days (CGS 22-228).

Banking

For examinations of people subject to the department's jurisdiction, including licensed foreign banks and people covered by the Uniform Securities and Business Opportunity Investment Acts, the commissioner may administer oaths and affirmations, subpoena witnesses, compel attendance of witnesses, take evidence, and require the production of records. If a person refuses to comply, the commissioner may apply for a court order requiring the person to appear before the commissioner or a designated officer in order to testify or produce the records. If he continues to refuse to comply, the court may punish him for contempt (CGS 36a-17, 36a-428l, 36b-26, 36b-71).

Consumer Protection

The Commission of Pharmacy administers the pharmacy licensure statutes and advises the consumer protection commissioner on matters related to the dispensing of drugs. It may compel the attendance of witnesses and production of documents by subpoena and administer oaths in connection with it responsibilities to advise the commissioner on regulations concerning the business of retailing or dispensing drugs (CGS 20-164). With respect to the licensure provisions, it is authorized to compel the attendance of witnesses and the production of document by subpoena and to administer oaths. If any person refuses or fails to appear or respond when so ordered, the commission may apply to the court for an appropriate order (PA 95-264, 6(b)).

The commissioner may conduct investigations and hearings and issue subpoenas under the statutes regulating mechanical contractor organizations, interior designers, and home improvement contractors. If a person refuses to comply, the commissioner may apply to the court for an enforcement order (CGS 20-341x, 20-377q, and 20-424(a)).

The Real Estate Commission may hold hearings on matters under the community association management law, and either the commission or the consumer protection department may issue subpoenas, administer oaths, compel testimony and order the production of book, records and documents. If a person refuses to comply, the commission or department may seek a court enforcement order (CGS 20-455).

The professional boards and commissions transferred to the department, including the pharmacy commission, may conduct hearings within their statutory jurisdiction, and in connection with such hearings, issue subpoenas and seek a court enforcement order if a person refuses to testify or produce documents (CGS 21a-7(3)). Concerning matters under the jurisdiction of the boards, the department is authorized to conduct review, inspection, or investigation regarding qualifications of license or certificate applicants and possible violations of statutes or regulations, and the commissioner or his authorized agent may administer oaths, issue subpoenas, compel testimony and order the production of books and records. If a person refuses to comply, the commissioner or his agent may apply for a court enforcement order (CGS 21a-8(4)).

In connection with the commissioner's exclusive control of and jurisdiction over boxing exhibitions and wrestling bouts, he or his authorized representative may conduct hearings, administer oaths or affirmations, issue subpoenas to people involved in matters under investigation, and subpoena documentary material relating to such matters. But a natural person may not be compelled to furnish incriminating evidence (CGS 21a-196(b)).

Concerning the commissioner's authority to deny, suspend, or revoke registrations to distribute, administer, or dispense controlled substances, and the requirement that he afford applicants the opportunity for a hearing, he may subpoena witnesses and require the production of documents and papers (CGS 21a-323).

The liquor control statutes authorize the department and its agents who conduct investigations and hearings to administer oaths and take testimony under oath concerning matters being investigated. At any hearing ordered by the department, the department or its agent may subpoena witnesses and require the production of pertinent records and documents. A person may not be excused from testifying on self-incrimination grounds, but the evidence so produced or any information directly or indirectly derived from this evidence may not be used in a criminal proceeding against him. If a person refuses to comply with a subpoena, the department or its agent may apply to the court for a citation ordering the person to appear before the court to answer the questions or produce the papers. If he refuses to do so, the court must commit him to a community correctional center until he complies, but no longer than 60 days (CGS 30-8, as amended by PA 95-195, 13).

The unfair trade practices statutes authorize the consumer protection commissioner to investigate such practices, issue subpoenas to people involved in matters under investigation, administer oaths, and conduct hearings in aid of the investigation. The commissioner or his representative may subpoena the attendance and testimony of witnesses and the production of documents. If a person refuses to comply, the commissioner may, after notice, apply to the court for an order (1) granting injunctive relief to restrain the person from engaging in advertising or sale of a commodity or the conduct of any trade that is involved in the alleged violation; (2) vacating or suspending the corporation's corporate charter or revoking or suspending licenses, permit or certificates which are used to further the allegedly unlawful practices; and (3) granting other relief, until the person files the statement or report or obeys the subpoena. The court may punish disobedience of the commissioner's final order as contempt (CGS 42-110k).

Environmental Protection

The environment commissioner may hold hearings, take testimony and subpoena witnesses and evidence to enforce statutes, regulations, orders or permits administered, adopted, or issued by him (CGS 22a-6). He also is specifically authorized to hold hearings as may be required by state and federal water pollution control law, and to take testimony and subpoena witnesses and evidence in connection with such hearings (CGS 22a-424(g)). Concerning his responsibilities to administer the boating statutes (see CGS 15-121 et seq.), he may conduct investigations, hold hearings, issue subpoenas, administer oaths, compel testimony, and order the production of books, records, papers, and documents. If a person refuses to comply, the commissioner may apply for a court enforcement order (CGS 15-124).

The Underground Storage Tank Petroleum Clean-Up Account Review Board (whose members include the environment commissioner) may hold hearings; administer oaths; and through its chairperson, subpoena witnesses and documents (CGS 22a-449d(a)).

Insurance

The commissioner or his authorized representative may conduct investigations and hearings concerning matters under the insurance statutes. Pursuant to such investigations or hearings, they may issue subpoenas, administer oaths, compel testimony, and order the production of books, records, papers. If a person refuses to comply, the commissioner or his representative may apply for a court enforcement order (CGS 38a-16). Concerning the commissioner's responsibilities to administer the statutes on risk insurance rating and unfair insurance practices, if a person refuses to obey a subpoena, the commissioner may apply for a court order ordering the person to comply, and the court may punish failure to obey its order as a contempt of court (CGS 38a-687(f) and 38a-817(a)).

Labor

For the purpose of hearings on labor disputes involving teachers and school administrators, the Board of Labor Relations is authorized to administer oaths and affirmations and issue subpoenas requiring the attendance of witnesses. If a person refuses to comply with a subpoena, the board may apply to the court for an order to appear before the board to produce the evidence or testify, and any failure to obey the order may be punished as contempt of court. A person may not be excused from testifying or producing documents on the grounds that the evidence may incriminate, but he will not be prosecuted on account of any matter concerning which he claims the self-incrimination privilege (CGS 10-153e(f)).

The labor commissioner and the minimum wage director are charged with investigating complaints for nonpayment of wages, and may call hearings, administer oaths, take testimony under oath and take depositions. The commissioner or the director, for these purposes, may issue subpoenas for the attendance of witness and the production of books and records. An employer who hinders the commissioner, director, or their agents in the enforcement of these provisions must be fined no less than $25 nor more than $100 for each day of noncompliance (CGS 31-76a).

The Board of Mediation and Arbitration and appointed mediators are authorized to investigate labor grievances and disputes, take testimony under oath, and issue subpoenas for the attendance of witnesses and the production of books and papers (CGS 31-95, 31-96, 31-97, 31-99). The provision establishing the board's authority concerning strikes or lockout specifies that if a person refuses to comply with a subpoena, the court, upon application by the board, may order him to appear before the board to produce evidence and give testimony. If he refuses to comply with the court order, the court may punish this as contempt. A person who asserts the self-incrimination privilege may not be excused from testifying, but will not be prosecuted or subject to penalty or forfeiture due to any matter concerning which he is compelled to testify after claiming the privilege (CGS 31-95).

Concerning its authority to prevent unfair labor practices, the labor relations board is required to hold hearings upon receiving a complaint issued by an investigating agent, and may issue subpoenas requiring the attendance of witness and production of books and records. If a person refuses to comply, the board may apply to the court for an order directing him to testify or produce the evidence before the board. The court may punish refusal to comply with its order as contempt. A person who claims the self-incrimination privilege may not be excused from testifying, but will not be prosecuted or subjected to a penalty due to any matter concerning which he is compelled to testify after claiming the privilege (CGS 31-108).

Concerning unemployment compensation matters, the administrator, examiners, referees, hearing officials, and chairman of the Employment Security Board of Review are empowered to administer oaths and affirmations and issue subpoenas to compel the attendance of witnesses and the production of papers deemed necessary as evidence. If a person refuses to comply, the court may issue an order requiring the person to appear before the referee, board, administrator or examiner, to produce the evidence or give testimony. Failure to obey the court order may be punished as contempt. A person who fails to obey a subpoena without just cause may be fined up to $200, imprisoned up to six months, or both (CGS 31-245 and 31-246).

For hearings under the Occupational Safety and Health Act concerning municipal and state safety issues, the Occupational Safety and Health Review Commission may subpoena and examine witnesses, require the production of evidence, administer oaths and take testimony and depositions (CGS 31-376(f)).

Mental Health and Addiction Services

The department may hold hearings, issue subpoenas, administer oaths, compel testimony and order the production of books, papers and records in the performance of its duties (CGS 17a-450(c)(4)).

Motor Vehicles

The commissioner, deputy commissioners, and designated assistants, in the performance of their duties, may administer oaths and take testimony, cause depositions to be taken and order the production of books, papers and documents and issue subpoenas. If a person refuses to comply with a subpoena, the commissioner may apply to the court for a citation to appear to answer or produce the evidence. If he continues to refuse, the court may commit him to a community correctional center until he complies, but no longer than 60 days (CGS 14-110).

Concerning the commissioner's enforcement of the statutes on the quality of gasoline or diesel fuel and the registration of distributors, he and his authorized agents may require by subpoena the attendance and testimony of any person and the production of pertinent documentary material. If a person refuses to appear, testify or produce documentary material, the attorney general, at the commissioner's request, may apply to the court for an enforcement order (CGS 14-327d(b)).

Public Health

The commissioner may conduct hearings, issue subpoenas, administer oaths, complete testimony, and render a final decision in any case in which a hearing is required or authorized under the statutory provisions applicable to the department (CGS 19a-2a(7)).

The professional boards and commissions within the department may conduct hearings on matters within their jurisdiction, and administer oaths, issue subpoenas, compel testimony and order the production of books, records and documents. If a person refuses to comply, the court may issue an enforcement order (CGS 19a-10). For matters that are under the boards' and commissions' jurisdiction, the department is required to conduct necessary review or investigations of license applications, possible violations of statutes or regulations and disciplinary matters. In connection with these investigations, the commissioner or his agent may administer oaths, issue subpoenas, compel testimony and order the production of books, records and documents. If a person refuses to comply, a judge may issue an enforcement order (CGS 19a-14(a)(7)).

The statutes on licensure and inspection of health care institutions by the department authorize the commissioner and his agents to conduct inquiries, investigations and hearings, inspect institution premises, administer oaths and take testimony under oath relating to the investigation. At hearings ordered by the department, the commissioner or his agent may subpoena witnesses and require the production of pertinent records, papers and documents. If a person refuses to comply, the commissioner or his agent may apply to the court for an order citing the person to appear before the court to answer the questions or produce the records and papers (CGS 19a-498(b)).

At hearings concerning the denial, suspension, or revocation of licenses for child day care centers and group day care homes, the license applicant or licensee and the commissioner or hearing officer may issue subpoenas requiring the attendance of witnesses (CGS 19a-84, as amended by PA 95-360, 10).

Finally, the commissioner is authorized to issue subpoenas, administer oaths and take testimony in connection with his responsibilities to make regulations concerning the optical business and the Board of Examiners for Opticians' authority to revoke, suspend or refuse to issue licenses, certificates of registration and permits (CGS 20-141).

Public Safety

In fire investigations, the commissioner, acting as state fire marshal, may issue subpoenas to summon and compel the attendance of witnesses before him to testify, and may administer oaths or affirmations (CGS 29-310).

Revenue Services

The commissioner and his authorized agents may take testimony under oath concerning matters under investigation and issue subpoenas for hearings they order under the following tax statutes: insurance company, hospital and medical services corporation; corporation business; public service company; cigarette and tobacco product; estate income; sales and use; alcoholic beverages; dividends, interest income and capital gains; admissions, cabaret and dues; sale of petroleum products gross earnings; controlling interest transfer; marijuana and controlled substances; and income. A person under subpoena may not be excused from complying on the ground the information might incriminate him, but the evidence so produced will not be used against him. If he refuses to comply, the commissioner or his agent may apply to the court, which must cite the person to appear before it to produce the evidence or answer the questions. If he continues to refuse, the court must commit him to a community correctional center until he testifies, but for no longer than 60 days (CGS 12-207, 12-232, 12-268f, 12-310, 12-330k, 12-405k(b), 12-429, 12-445, 12-510(d), 12-552(c), 12-592, 12-638h(c), 12-656, and 12-740(e)).

The taxation provisions that are administered by the Division of Special Revenue and the Gaming Policy Board extend equivalent subpoena power to the executive director, the board, and authorized agents (CGS 12-565).

The provisions on succession and transfer and estate taxes authorize the revenue services commissioner to administer oaths, take testimony, and issue subpoenas to compel the attendance of witnesses and production of evidence, but do not include the language on incrimination or subpoena enforcement (CGS 12-357 and 12-395).

Social Services

The commissioner and people he authorizes to conduct fair hearings may administer oaths, take testimony concerning the matter being heard, subpoena witnesses and require the production of pertinent records, papers and documents. A person may not refuse to comply on the grounds that the testimony or document production might incriminate him, but the evidence may not be used in a criminal proceeding against him. If he refuses to comply with the subpoena, the commissioner or his agent may apply to the court for a citation requiring the person to appear in court to answer the questions or produce the documents. If he continues to refuse, the court may commit him to a community correctional center until he testifies, but for no longer than 60 days (CGS 17b-60, as amended by PA 95-360; CGS 17b-64).

The social services, administrative services, or public safety commissioner, or a support enforcement officer, or a person they deputize may compel by subpoena the attendance and testimony under oath of people who refuse to disclose information concerning property or insurance belonging to state welfare recipients, or any person liable for the support of welfare applicants or recipients. The social services commissioner may also subpoena financial records of people applying for, receiving, or formerly receiving state aid; and parents of recipients or applicants. The statutes impose a $50 fine for failing to appear and testify or produce books and records at the time and place set, absent a reasonable excuse (CGS 17b-137).

The statutory provisions on state reimbursement for medical facilities caring for welfare recipients and the indigent allow the social services commissioner or his authorized agents to administer oaths and take testimony under oath for related investigations. At any hearing ordered by the commissioner, he or his agents authorized by law to issue process may subpoena witnesses and require the production of relevant documents or papers. If a person refuses to comply, the commissioner or his agent may apply to the court for a citation for the person to appear in court to answer the questions or produce the documents and papers, as the case may be (CGS 17b-238(d)).

The commissioner or agents he authorizes are similarly empowered to subpoena witnesses and require document production for investigations concerning violations regarding the registration, disclosure and escrow provisions relating to continuing-care contracts (CGS 17b-531).

Transportation

The commissioner may hold investigations, inquiries and hearings concerning matters within the department's jurisdiction. He may administer oaths and affirmations, issue subpoenas and compel the attendance and testimony of witnesses and the production of papers and documents. If a person refuses to comply with a subpoena, the commissioner may apply to the court for an enforcement order (CGS 13b-18). In addition, the provisions on tax exemption projects involving railroads authorize him to hold investigations and hearings, and issue subpoenas to compel the attendance of witnesses and the production of accounts, books, and documents (CGS 13b-231).

SEPARATE BOARDS, COMMISSIONS, AND OFFICES

Attorney General

For investigations of Connecticut Antitrust Act violations, the attorney general, his deputy or any designated assistant attorney general may issue subpoenas demanding people to appear before them to testify about relevant matters. If a person fails to comply, the attorney general, his deputy, or the assistant attorney general may apply to the court for an order requiring compliance. After notice and a hearing, the court may issue an order requiring the payment to the state of up to $500 in civil penalties (CGS 35-42).

Board of Examiners for Nursing

The board may issue subpoenas to summon witnesses and records for a hearing concerning charges of conduct which fails to conform to accepted standards of the nursing profession (CGS 20-99(a)).

Commission on Human Rights and Opportunities

The commission and its hearing officers are generally empowered to hold hearings, subpoena witnesses and compel their attendance, administer oaths, take the testimony of any person under oath and require the production for examination of books and papers related to the investigation. The commission may make procedural rules for the issuance of subpoenas by individual commissioners and hearing officers (CGS 46a-54(9) and 46a-83(h)).

Freedom of Information Commission

The commission is empowered to investigate alleged violations of the freedom of information statutes, and may hold hearings, administer oaths, examine witnesses, subpoena witnesses under procedural rules it adopts to compel their attendance and obtain the production of books and documents. If the witness refuses to comply, the commission may apply to the court for an order requiring him to do so; failure to obey the court order is punishable as contempt of court (CGS 1-21j(d)).

Judicial Review Council

In connection with complaints brought to or by the supreme court or council against judges, family support magistrates, and compensation commissioners, a person may be compelled by a subpoena issued by competent authority to appear before the court or council to testify, and may be compelled by subpoena to produce relevant papers and documents. If the person refuses to comply, the council or court may commit him to a community correctional center, to remain at his own expense until he complies, but for no longer than 50 days (CGS 51-51o).

Judicial Selection Commission

In connection with its inquiries concerning the reappointment of incumbent judges, the commission is empowered to issue subpoenas requiring the attendance of witnesses and the production of books or papers which the commission considers relevant to the inquiry. Upon the request of a judge whose reappointment is at issue, the commission may issue a subpoena on his behalf. If a person refuses to obey a subpoena, the commission may apply for a court citation ordering the person to appear in court to answer the questions or produce the documents. If the person continues to refuse, the court must commit him to a community correction center until he testifies (CGS 51-44a(g)).

Office of Claims Commissioner

For hearings on claims against the state, the commissioner may administer oaths, cause depositions to be taken, issue subpoenas and order inspection and disclosure of books, records, and documents. If a person fails to comply with a subpoena, the commissioner may issue a capias directed to the county sheriff to arrest the person and bring him before the commissioner to testify. If he refuses to testify or produce evidence, the commissioner must certify this to the attorney general, who must apply to the court for an order compelling compliance. The failure to comply with such a court order is punishable by a fine of between $100 and $1,000, and imprisonment of at least one month, but no more than 12. If the person is the claimant, the commissioner must summarily dismiss the claim (CGS 4-151).

Office of Health Care Access

The commissioner or any agent he authorizes may conduct inquiries, investigations, and hearings under the hospital and health care access statutes, and may administer oaths and take testimony under oath concerning the matter being investigated. At hearings ordered by the office, he or his agent may subpoena witnesses and require the production of pertinent records, papers, and documents. If a person refuses to comply, the commissioner or his agent may apply to the court to require the person to appear in court to answer the questions or produce the documents (CGS 19a-149, as amended by PA 95-257).

Office of Policy and Management

The Secretary of OPM may subpoena witnesses for hearings concerning municipal tax collector and assessor determinations on property tax relief for homeowners and renters who are elderly or permanently and totally disabled (CGS 12-129d, 12-170g, and 12-170cc).

In connection with the secretary's responsibilities to investigate violations of the fuel supply business statutes and to formulate statewide or interregional development plans for the state, he may hold hearings, issue subpoenas to summon and examine witnesses under oath and issue subpoenas duces tecum for the production of books, papers, and documents. If a person refuses to comply with a subpoena, the secretary may apply for a court order requiring the person to appear before the secretary or produce the books, papers, and documents.

In connection with the secretary's duties under other statutes, he may apply to the court for a subpoena to compel the attendance and testimony under oath of witnesses or the production of evidence. The court must provide adequate opportunity for the person and secretary to be heard, and may not issue the subpoena unless the requested information is reasonably necessary to carry out the purposes of the statute, and the secretary has made reasonable efforts to obtain the information without compulsory process (CGS 16a-5).

Office of Protection and Advocacy For Persons with Disabilities

The director is required to investigate reports that a person with mental retardation has been abused or neglected. He has subpoena powers to compel information related to his investigation (CGS 46a-11c).

Office of Victim Services

For the purpose of determining applications for victim compensation, victim compensation commissioners may hold hearings and take testimony, administer oaths or affirmations to witnesses, subpoena witnesses to appear and give testimony, and issue subpoena duces tecum. No witness under subpoena may be excused from testifying or producing records or documents. If a person refuses to comply, the compensation commissioner may apply to the court for a citation to appear before the court to answer the questions or produce the documents, or to show cause why he should not respond. The court may commit him to a community correctional facility until he complies, but for no longer than 60 days (CGS 54-205).

Psychiatric Security Review Board

The board on its motion may, and in response to a request of any party to a hearing must, issue subpoenas requiring the attendance and testimony of witnesses. It must issue a subpoena duces tecum for the production of documentary material, if a party to a hearing so requests and is able to show that the evidence sought is relevant and reasonable in scope. If a person fails to comply with a subpoena, the board or the party requesting its issuance may apply to the court for contempt proceedings (CGS 17a-595).

State Bar Examining Committee

For the purpose of investigating the moral qualifications or general fitness of bar applicants, the committee chairperson and each standing committee chairperson may compel the attendance and testimony by subpoena and capias of people who may have useful information. They also may compel the production, by subpoena duces tecum, of books and records. A person may not refuse to testify or produce evidence on the ground the testimony or evidence may incriminate him, but the evidence may not be used in any criminal proceeding against him. If a person disobeys a subpoena, the committee may complain to a state's attorney, who then must apply to the court for a citation ordering the person to appear before the court to answer whether the state's attorney's allegations are true. If the court finds they are true, it must commit the person to a community correctional center until he testifies, but for no longer than 60 days (CGS 51-81).

State Board of Accountancy

The board may take necessary action to effectuate the licensing law for public accountants, including issuing subpoenas to compel the attendance of witnesses and the production of documents. If a person refuses to comply with a subpoena, the board may seek court assistance in requiring the attendance and testimony of witnesses and the production of documents (CGS 20-280(f) and 20-280b).

State Elections Enforcement Commission

The commission is authorized to investigate and hold hearings concerning violations of the election laws. In connection with such hearings, it may administer oaths, examine witnesses, receive oral and documentary evidence, and subpoena witnesses under its own procedural rules to compel their attendance and require the production of relevant books and papers (CGS 9-7b).

State Ethics Commission

In connection with the commission's investigations of state ethics code violations by public officials and lobbyists, it may hold hearings, administer oaths, examine witnesses, receive oral and documentary evidence, subpoena witnesses under procedural rules it adopts, and require the production for examination of books and papers. In the exercise of these powers, the commission may use the services of the state police. The respondent has the right to be represented by legal counsel (CGS 1-82(a)(2) and 1-93).

State-Wide Grievance Committee

“Competent authority” may compel a person to appear before the committee, a subcommittee, or a grievance panel to testify in relation to any attorney grievance matter, and to produce relevant papers and documents. The committee, subcommittee or panel may commit the person for contempt for up to 30 days, if he refuses to comply (CGS 51-91).

Workers' Compensation Commission

For the purpose of determining whether particular employers are subject to the unemployment compensation law or owe contributions, the administrator or executive director may subpoena people to appear before him or his agent for questioning under oath, and may compel the production of books and papers by subpoena. If a person refuses to comply, the administrator or executive director may apply for a court citation requiring the person to appear in court. The court must inquire into the facts set forth in the application and if it finds them to be true, commit the person to a community correctional center until he testifies, but for no longer than 60 days (CGS 31-271).

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