Arkansas Law

§ 12-12-513. Requests for subpoenas - Form.

(a) Requests for subpoenas shall be granted by the chief counsel of the department if the testimony or documents desired are considered necessary and material without being unduly repetitious of other available evidence.

(b) Subpoenas issued pursuant to the authority of the chief counsel of the department shall be substantially in the following form: "The State of Arkansas to the Sheriff of ________________ County: You are commanded to subpoena (name) ________________________, (address) ____________________________________________, to attend a proceeding before the Arkansas Department of Human Services to be held at ______________ on the ________ day of ____________________, 20____, at ____m., and testify and/or produce the following books, records, or other documents, to wit: ________ in a matter of (style of proceeding) ________________________________________ to be conducted under the authority of ________. WITNESS my hand this ______ day of ____________________, 20______.

______________________________________________________________________"

Chief Counsel, Department of Human Services

(c)(1) Subpoenas provided for in this section shall be served in the manner as now provided by law, and returned, and a copy made and kept by the Department of Human Services.

          (2) The fees and mileage for officers serving the subpoenas and witnesses answering the subpoenas shall be the same as now provided by law.

(d) Witnesses duly served with subpoenas issued pursuant to the authority provided in this section who shall refuse to testify or give evidence may be cited on affidavit through application of the chief counsel of the department to the Circuit Court of Pulaski County or any circuit court of the state where the subpoenas were served.

(e) Failure to obey the subpoena may be deemed a contempt, punishable accordingly.

History. Acts 1991, No. 1208, § 7.