§9-5-8a. Authority to subpoena witnesses and documents when
investigating the provision of medical assistance
programs.
The commissioner and every duly appointed hearing examiner
shall have the power to apply, on behalf of any party, to the
circuit court of the county in which the hearing is to be held, or
the circuit court in which the subpoena or subpoena duces tecum is
to be served, or the judge of either such court in vacation, for
the issuance of a subpoena or subpoena duces tecum to compel the
attendance of witnesses or the production of documents, before any
hearing or administrative tribunal convened to consider suspension
or termination of any person or corporation from providing services
under the medical assistance programs administered by the
department of welfare. The application for a subpoena duces tecum
shall state with particularity any papers or documents requested
and upon hearing, the applicant or party shall notify the court or
judge, as the case may be, of the necessity therefor in such
hearing. The court or judge thereof, prior to issuing the
requested subpoena or subpoena duces tecum, may make any order
which justice requires to protect a party or person from annoyance,
embarrassment, oppression or undue burden or expense. The party
who applies for the subpoena or subpoena duces tecum shall pay the
sheriff's fees required for service of these documents.