Section 11: Hearings on management or finances; witnesses; production of records, depositions, etc.; penalties

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

Section 11.

(a)Whenever requested to make a special examination under section 9, or after first obtaining the approval of the governor in making a special examination under the preceding section, the secretary may require the attendance and testimony of witnesses and the production of all books, papers, contracts and documents relating to the special examination.

(b)Witnesses shall be summoned in the same manner and shall be paid the same fees as witnesses before the superior court.

(c)The secretary may prescribe rules and regulations for the conduct of hearings and the secretary may administer oaths to witnesses or take their affirmation. If any person summoned and paid as a witness refuses to:

(1)attend;

(2)be sworn or to affirm;

(3)answer any question; or

(4)produce any book, contract, document or paper pertinent to the matter before the secretary, a justice of the supreme judicial or the superior court, upon application by the secretary, may issue an order requiring such person to appear before the secretary, and to produce the books, contracts, documents and papers and to give evidence touching the matter in question.

Failure to obey such an order of the court may be punished by the court as contempt of that court.

(d)A person summoned and paid who refuses to attend, or to be sworn or to affirm, or to answer any proper question, or to produce any book, contract, document or paper, pertinent to the matter before the secretary, and any person who willfully interrupts or disturbs any hearing, or who is disorderly at a hearing, shall be punished by a fine of not more than $50 dollars or by imprisonment for not more than 1 month, or both.

(e)Upon application by the secretary, commissions to take depositions of persons outside the commonwealth may be issued by a justice of the supreme judicial or the superior court, to be used in hearings before the secretary and all laws and rules relating to such commissions in civil actions shall apply to commissions issued under this section. This section shall not be construed to compel any person to give any testimony or to produce any evidence, documentary or otherwise, which may tend to incriminate that person.