§1511.4.2. Subpoenas

            A.(1) The supervisory committee or the ethics administrator may subpoena witnesses, compel the production of books, records, and papers, or require the submission under oath of written reports or answers to questions, which the supervisory committee or the ethics administrator deems relevant or material to the investigation or hearing. The supervisory committee or ethics administrator shall require the submission under oath of written reports or answers to questions, or subpoena or compel the production of any books, records, and papers only upon a finding that the importance of the information sought outweighs the burden of producing the information.

            (2) The ethics administrator shall provide to the supervisory committee a monthly report of the number of subpoenas issued by the supervisory committee and the ethics administrator in the prior month.

            B. The respondent or any witness upon whom written questions have been propounded shall serve a copy of the written answers and objections, if any, within thirty days after the service of the questions.

            C.(1) The respondent or any witness upon whom a subpoena has been served to compel the production of books, records, or papers shall serve a copy of the responses and objections, if any, within thirty days after the service of the subpoena.

            (2) The respondent or any witness upon whom a subpoena has been served requiring the submission under oath of written reports shall produce the written reports within thirty days after the service of the subpoena.

            (3) The supervisory committee shall promptly provide the respondent with a copy of questions propounded or subpoenas served upon any witness, as well as any answers, objections, books, records, or papers, or written reports produced, or transcripts or recordings of answers to questions produced under oath.

            (4) Any demand, request, or subpoena propounded upon a respondent or witness, orally or in writing, shall be prefaced with advising the respondent or witness that he may exercise his constitutional right to counsel and may exercise his constitutional right not to incriminate himself.

            (5) An oral examination under oath shall be conducted under conditions agreed upon by the respondent or witness, including that the examination occur in a certain place, at a certain time, or by phone or videoconference, or with counsel present, that the examination be transcribed or audio recorded, and that the respondent or witness promptly receive a copy of the transcript or audio recording.

            D.(1) Upon petition by the supervisory committee or the Ethics Adjudicatory Board any district court within the jurisdiction of which any inquiry is being carried on may, in case of refusal to obey a subpoena or order of the supervisory committee or the Ethics Adjudicatory Board issued pursuant to this Chapter, issue an order requiring compliance. Any failure to obey the order of the court may be punished by the court as a contempt thereof.

            (2) Before filing any petition to order compliance with a subpoena or order, counsel for the supervisory committee shall confer in person, by telephone, or by videoconference with the respondent or witness for the purpose of amicably resolving the dispute over the alleged failure of the respondent or witness to obey the subpoena or order. The counsel for the supervisory committee shall attempt to arrange a suitable conference date with the respondent or witness and confirm the date by written notice sent at least five days before the conference date, unless an earlier date is agreed upon by the respondent or witness. If by telephone or videoconference, the conference shall be initiated by the counsel for the supervisory committee.

            Acts 2025, No. 398, §1, eff. June 20, 2025.