Commission Subpoena and Evidence Powers
Subsection (b) grants the Commission, or Commission members authorized by the full Commission, the power to issue subpoenas requiring witness attendance, testimony, and production of evidence related to matters under Commission investigation. The Commission, its members, or designated agents/agencies are authorized to administer oaths, examine witnesses, and receive evidence. Witnesses and evidence may be compelled from any location within the United States to a designated hearing site.
Contumacy and Court Subpoena Enforcement
Subsection (c) establishes court enforcement for Commission subpoenas. If a person commits contumacy or refuses to obey a Commission subpoena, any U.S. court with jurisdiction over the location of the Commission’s inquiry, or the person’s residence, business location, or where they are found, may issue a court order on Commission application requiring the person to appear before the Commission to produce evidence or testify. Failure to comply with the court order may be punished as contempt of court.
Commission Process Service and Witness Fees
Subsection (d) sets rules for service of Commission process and papers. Service may be completed in person, via registered mail, telegraph, or by leaving a copy at the recipient’s residence, principal office, or place of business. A verified return of service from the individual who completed service, or a post office/telegraph receipt for registered service, serves as proof of service. Witnesses summoned before the Commission, and individuals taking depositions for the Commission, are entitled to the same fees and mileage as witnesses and officials in U.S. federal courts.
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