Okla. Stat. tit. 75, § 75-315
This is the official text of Okla. Stat. tit. 75, § 75-315, part of Oklahoma’s Stat. tit. 75, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 75,." Browse the sections below, each linked to its official government source.
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Furnishing of information, attendance of witnesses and
Official statutory text
production of books, records, etc. - Subpoenas.
A. 1. The agency conducting any individual proceeding or
investigation shall have power to require the furnishing of such
information, the attendance of such witnesses, and the production of
such books, records, papers or other objects as may be necessary and
proper for the purposes of the proceeding or investigation.
2. The agency, or any party to a proceeding before it, may take
the depositions of witnesses, within or without the state, in the
same manner as is provided by law for the taking of depositions in
civil actions in courts of record. Depositions so taken shall be
admissible in any proceeding affected by this act. Provided,
however, all or any part of the deposition may be objected to at
time of hearing, and may be received in evidence or excluded from
the evidence by the agency or individual conducting the hearing in
accordance with the law with reference to evidence in this act or
with reference to evidence in courts of record under the law of the
State of Oklahoma.
B. In furtherance of the powers granted by subsection A of this
section, any agency, administrative head, hearing examiner or any
other duly authorized member or employee thereof, upon its own
motion may, and upon the request of any party appearing in an
individual proceeding shall:
1. Issue subpoenas for witnesses;
2. Issue subpoenas duces tecum to compel the production of
books, records, papers or other objects, which may be served by the
Oklahoma Statutes - Title 75. Statutes and Reports Page 78
marshal of the agency or by any person in any manner prescribed for
the service of a subpoena in a civil action; or
3. Quash a subpoena or subpoenas duces tecum so issued;
provided, prior to quashing a subpoena or subpoenas duces tecum the
agency shall give notice to all parties. A subpoena or subpoenas
duces tecum may not be quashed if any party objects.
C. 1. In case of disobedience to any subpoena issued and
served under this section or to any lawful agency requirement for
information, or of the refusal of any person to testify to any
matter regarding which he or she may be interrogated lawfully in a
proceeding before an agency, the agency may apply to the district or
superior court of the county of such person's residence or to any
judge thereof for an order to compel compliance with the subpoena or
the furnishing of information or the giving of testimony. Forthwith
the court or the judge shall cite the respondent to appear and shall
hear the matter as expeditiously as possible.
2. If the disobedience or refusal is found to be unlawful, the
court, or the judge, shall enter an order requiring compliance.
Disobedience of such an order shall be punished as contempt of court
in the same manner and by the same procedure as is provided for like
conduct committed in the course of judicial proceedings.
A. 1. The agency conducting any individual proceeding or
investigation shall have power to require the furnishing of such
information, the attendance of such witnesses, and the production of
such books, records, papers or other objects as may be necessary and
proper for the purposes of the proceeding or investigation.
2. The agency, or any party to a proceeding before it, may take
the depositions of witnesses, within or without the state, in the
same manner as is provided by law for the taking of depositions in
civil actions in courts of record. Depositions so taken shall be
admissible in any proceeding affected by this act. Provided,
however, all or any part of the deposition may be objected to at
time of hearing, and may be received in evidence or excluded from
the evidence by the agency or individual conducting the hearing in
accordance with the law with reference to evidence in this act or
with reference to evidence in courts of record under the law of the
State of Oklahoma.
B. In furtherance of the powers granted by subsection A of this
section, any agency, administrative head, hearing examiner or any
other duly authorized member or employee thereof, upon its own
motion may, and upon the request of any party appearing in an
individual proceeding shall:
1. Issue subpoenas for witnesses;
2. Issue subpoenas duces tecum to compel the production of
books, records, papers or other objects, which may be served by the
Oklahoma Statutes - Title 75. Statutes and Reports Page 78
marshal of the agency or by any person in any manner prescribed for
the service of a subpoena in a civil action; or
3. Quash a subpoena or subpoenas duces tecum so issued;
provided, prior to quashing a subpoena or subpoenas duces tecum the
agency shall give notice to all parties. A subpoena or subpoenas
duces tecum may not be quashed if any party objects.
C. 1. In case of disobedience to any subpoena issued and
served under this section or to any lawful agency requirement for
information, or of the refusal of any person to testify to any
matter regarding which he or she may be interrogated lawfully in a
proceeding before an agency, the agency may apply to the district or
superior court of the county of such person's residence or to any
judge thereof for an order to compel compliance with the subpoena or
the furnishing of information or the giving of testimony. Forthwith
the court or the judge shall cite the respondent to appear and shall
hear the matter as expeditiously as possible.
2. If the disobedience or refusal is found to be unlawful, the
court, or the judge, shall enter an order requiring compliance.
Disobedience of such an order shall be punished as contempt of court
in the same manner and by the same procedure as is provided for like
conduct committed in the course of judicial proceedings.
Status: in_force · Read it on the official government site
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