Section 15-219. Compelling attendance of witnesses  


Latest version.
  • a. Power of subpoena of
      commissioner.
        1. The commissioner, in and  about  any  investigation  authorized  by
      section  15-218  of  this  title,  and  touching  any  matter  connected
      therewith, may subpoena and compel  the  attendance  of  any  person  or
      persons,  and the production of any books, papers, archives or documents
      in his, her or their possession or control, which, in  the  judgment  of
      the  commissioner  or  of  the  chief  or  deputy chief fire marshal, is
      connected with and necessary to such investigation.
        2. For such purpose, the corporation counsel, at any time,  may  cause
      subpoenas to be issued out of the supreme court, attested under the name
      of  a justice of such court, in like form and with same effect as though
      issued by such justice in any action pending in a court of  record,  and
      such  subpoenas  may be served, and proof of service may be made, in the
      same manner as by law provided for the service of subpoenas out of  such
      court.   Upon   proof   of   service  of  the  subpoena,  and  proof  of
      non-compliance therewith, or failure to attend and testify  as  directed
      therein,  or  failure to produce any book, paper, archive or document in
      the possession or control of the persons  named  in  the  subpoena,  and
      directed  to be produced therein, or failure or refusal on their part to
      answer any pertinent  question,  application  may  be  made  before  any
      justice of the supreme court, who may thereupon cause to be arrested and
      punished  as  for  a  contempt of the orders of such court the person or
      persons named in such subpoena.
        3. Any person subpoenaed under this section shall attend  and  testify
      upon  such adjourned day or days and at such adjourned time and place as
      may be designated by the commissioner or  chief  or  deputy  chief  fire
      marshal.
        b. Power of subpoena of fire marshal.
        1. A fire marshal shall have the power to issue a notice in the nature
      of  a  subpoena,  in  such  form  and  subscribed  in such manner as the
      commissioner shall prescribe, to compel the attendance of any person  as
      a witness before such fire marshal, to testify in relation to any matter
      enumerated in section 15-218 of this title.
        2.  Upon  the presentation of satisfactory proof of due service of any
      such notice in the nature of a subpoena upon any such  witness,  and  of
      failure  to  obey  the same, it shall be the duty of the commissioner to
      make an order that such witness  be  arrested  and  brought  before  the
      marshal,  to  testify  in relation to the subject matter of the inquiry.
      Such order may be executed by any member of  the  police  force  or  any
      member  of the force having the power of police officers, who may arrest
      and bring the witness before such marshal; but such witness shall not be
      detained longer than is necessary to take such testimony.
        c. Additional penalty for disobedience  of  subpoena.  Any  person  or
      persons  who  fail  to  attend  and  testify as required by any subpoena
      issued under the authority of this section shall be liable to a  penalty
      in the sum of fifty dollars.