LD 1754
pg. 1
LD 1754 Title Page An Act To Give the Commissioner of Health and Human Services Administrative Sub... LD 1754 Title Page
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LR 3009
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 22 MRSA §50 is enacted to read:

 
§50.__Authority to issue administrative subpoenas

 
The commissioner may issue subpoenas to compel the production
of books or records or other data related to the matters in issue
at any administrative hearing.__The commissioner may issue
subpoenas to compel the attendance and testimony of any person
located within the State if it is reasonably believed that that
person may be able to provide information related to the matters
in issue at any administrative hearing.__Witnesses subpoenaed by
the commissioner must be allowed the same fees as are paid to
witnesses in Superior Court.__These fees must be paid by the
party requesting the issuance of the subpoena unless payment is
otherwise provided for by rule.__If any person fails or refuses
to obey such a subpoena, the commissioner may apply to any
Justice of the Superior Court for an order compelling that person
to comply with the subpoena.__The Superior Court may issue an
order and may punish failure to obey the order as civil contempt.

 
SUMMARY

 
This bill gives the Commissioner of Health and Human Services
the authority to issue subpoenas in connection with
administrative hearings without having to obtain the approval of
the Attorney General.


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