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Code · Kentucky · Chapter 77 — Air pollution control

77.295 Enforcement of subpoenas by contempt proceedings -- Personal attachment.

212 words·~1 min read·/ky/chapter-77/77-295

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Whenever any person duly subpoenaed to appear and give evidence or to produce
any books and papers before the hearing board neglects or refuses to appear, or to
produce any books and papers, as required by the subpoena, or refuses to testify or
to answer any question which the hearing board decides is proper and pertinent, he
shall be deemed in contempt, and the hearing board shall report the fact to the judge
of the Circuit Court of the county.
(2)Upon receipt of the report, the judge of the Circuit Court shall issue an attachment
directed to the sheriff of the county where the witness was required to appear and
testify, commanding the sheriff to attach such person and forthwith bring him
before the judge who ordered the attachment issued.
(3)On the return of the attachment and the production of the body of the defendant, the
Circuit Judge has jurisdiction of the matter. The person charged may purge himself
of the contempt in the same way, and the same proceeding shall be had, and the
same penalties may be imposed, and the same punishment inflicted as in the case of
a witness subpoenaed to appear and give evidence on the trial of a civil cause before
a Circuit Court.
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