Current through November, 2024
Section 12-43-31 - Witnesses(a) All witnesses shall appear in person or by remote access, as determined by and at the discretion of the board, and shall be examined under oath or affirmation. All witnesses subpoenaed by a party shall be paid by that party the same witness and mileage fees as witnesses in the civil courts of the State. Travel costs for subpoenaed witnesses shall be paid by the party requesting the witness's appearance.(b) No person served with a subpoena issued by the board shall refuse or neglect to appear, to testify, or to produce books and papers relevant to such investigation, inquiry, or hearing as commanded in such subpoena with the board.(c) A failure to comply with, or neglect of, a subpoena issued by the board may be certified by the board to a court of competent jurisdiction for an order of compliance. Any person who fails or neglects to appear or to testify or to produce books, papers, or records as required, may, upon application to a court of competent jurisdiction, be ordered to appear before the board to testify or produce evidence if so ordered, and the failure to obey the order may be punished as contempt of court. In the discretion of the board, failure to comply with a subpoena issued by the board may be grounds for striking all testimony or other evidence previously given by the witness on related matters.Eff 10/21/2022 (Auth: HRS §§ 89-5, 377-9, 396-11.5) (Imp: HRS §§ 89-5, 89-8, 89-14, 377-9, 396-11.5)