Sports, Racing, and Athletics

Racing and Athletic Hearing Board

SECTION 41-2-5

§ 41-2-5. Subpoena powers of board – Rules and regulations.

(a) The members of the racing and athletics hearing board are hereby severally authorized and empowered to administer oaths; and the board, in all cases of every nature pending before it, is hereby authorized and empowered to summon and examine witnesses and to compel the production and examination of papers, books, accounts, documents, records, certificates, and other legal evidence that may be necessary or proper for the determination and decision of any question before or the discharge of any duty required by law of the board.

(b) All subpoenas and subpoenas duces tecum shall be signed by the chairperson or, in the absence or disqualification of the chairperson, by any other member thereof, and shall be served as subpoenas are now served in civil cases in the superior court; and witnesses so subpoenaed shall be entitled to the same fees for attendance and travel as are now provided for witnesses in civil cases in the superior court. If any person fails to obey the command of any subpoena, without reasonable cause, or if a person in attendance before the board shall, without reasonable cause, refuse to be sworn, or to be examined, or to answer a legal and pertinent question, the board may apply to any justice of the superior court, upon proof by affidavit of the fact, for a rule or order returnable in not less than two (2) or more than five (5) days, directing the person to show cause why he or she should not be adjudged in contempt.

(c) Upon the return of an order, the justice before whom the matter is brought for a hearing shall examine under oath the person and the person shall be given an opportunity to be heard, and if the justice shall determine that the person has refused without reasonable cause or legal excuse to be examined, or to answer a legal and pertinent question, or to produce books, accounts, papers, records, and documents, material to the issue, which he or she was ordered to bring or produce, he or she may forthwith commit the person to the adult correctional institutions, there to remain until he or she submits to do the act which he or she was so required to do, or is discharged according to law.

(d) The board shall have power to adopt reasonable rules and regulations governing the procedure to be followed in any matter that may come before it for hearing.

History of Section.
(P.L. 1939, ch. 660, § 130; P.L. 1940, ch. 821, § 5; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 41-2-5; P.L. 2006, ch. 216, § 34.)