§ 2-194. Powers of Commission.

(a)

In the administration and enforcement of the provisions of these several subdivisions, the Commission has power to administer oaths, and, upon majority vote of the full Commission, to issue subpoenas, to compel for a formal hearing the attendance for testimony of witnesses and the production of records and documents relevant or necessary for proceedings under the particular subdivision, and to compel the taking of interrogatories and depositions.

(b)

Service of subpoena. Any such subpoena shall be served by:

(1)

Certified mail, return receipt requested (with service by certified mail being complete upon delivery and proof being shown by the green return receipt card). Proof of service shall be filed with the Clerk of the Commission; or

(2)

Personal service of process by:

(A)

A competent private person, 18 years of age or older, who is not a party to the action; or

(B)

The sheriff or deputy sheriff of the political subdivision in which is located the residence of the person or the main office of the firm, association, partnership or corporation against whom or which the subpoena is issued.

(c)

Enforcement of subpoena.

(1)

In case of failure to comply with a subpoena, the County, on behalf of the Commission, may apply to a court of appropriate jurisdiction for an order requiring the attendance and testimony of witnesses and/or the production of records and documents, and/or the taking of interrogatories and depositions.

(2)

After notice to the person subpoenaed as a witness or directed to produce records and documents, and upon a finding that the attendance and testimony of the witness or the production of the records and documents is relevant or necessary for the proceedings of the Commission, the court may issue an order requiring the attendance and testimony of the witness and the production of the records and documents. Any failure to obey such an order of the court may be punished as contempt of court.

(CB-1-1972; CB-86-1993; CB-11-2013)