Ga. Code § 45-12-215

Current through 2023-2024 Legislative Session Chapter 709
Section 45-12-215 - Conduct of investigations; subpoenas
(a) In performing any investigation authorized by this article, the inspector general shall be authorized to administer oaths, examine witnesses under oath, and issue any subpoenas necessary to compel the attendance of witnesses and the production of all books, records, papers, and tangible items that constitute or contain evidence which the inspector general finds reasonably relevant or material to the investigation.
(b)
(1) Service of any subpoena issued under this article shall be made by any designated person.
(2)
(A) Service upon a natural person may be made by personal delivery of the subpoena to that person.
(B) Subpoenas may also be served upon a natural person by registered or certified mail or statutory overnight delivery, and the return receipt shall constitute prima facie proof of service.
(C) Service upon a natural person may also be made by serving his or her counsel of record.
(3) Service may be made upon a domestic or foreign corporation by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process.
(4) A subpoena requiring the attendance of a witness may be served at any place within this state.
(c) In the case of a refusal to obey any issued subpoena, the inspector general or his or her designee may request that the Attorney General petition the superior court within any jurisdiction where the investigation is carried on, where the subpoenaed person resides, or where the subpoenaed person carries on business or may be found to compel compliance with the subpoena. The Attorney General shall petition the court upon such request by the inspector general or his or her designee. Upon the filing of the petition, the court shall enter an order directing the person to appear before the court at a specified time and place and then and there show cause why he or she has not attended, answered questions under penalty of perjury, or produced the requested items as required. If it appears to the court that the subpoena was regularly issued by the inspector general, the court shall enter an order that the person named in the subpoena appear at the time and place fixed in the order and answer questions under penalty of perjury or produce the requested items as required. Upon failure to obey the order, the person shall be subject to contempt of court. All process in any such case may be served at any place within this state. Nothing in this Code section limits or alters a person's existing rights or protections under state or federal law.

OCGA § 45-12-215

Added by 2023 Ga. Laws 5,§ 1, eff. 3/29/2023.