Mass. Gen. Laws ch. 119A, sec. 15 — MA Code / Part I / Title XVII / Chapter 119A / Section 15
IV&ndash;D agency powers; failure to comply with subpoena or summons issued under section; penalties; production of witnesses, books, papers and records
Status: in_force

Section 15. The IV–D agency may take testimony and proofs under oath with reference to any matter within the administrative authority of the agency and, in connection therewith, may issue subpoenas or summonses and require the attendance and testimony of witnesses and the production of books, papers, records, data and other evidence. In the case of records maintained in electronic data bases, the IV–D agency may issue a subpoena, including a subpoena in machine readable format, for access, including electronic access, to such records. In all other cases, subpoenas and summonses issued by the IV–D agency shall be served in the same manner as subpoenas or summonses issued on behalf of the commonwealth for witnesses in civil cases. All provisions of law relative to the subpoenas or summonses shall apply to subpoenas or summonses issued hereunder. Any individual, employer, agency, institution or other entity who, without reasonable cause, fails to comply with a subpoena or summons issued under this section shall be liable for a penalty and reasonable attorneys' fees to be assessed by the IV–D agency or by a court or administrative agency of competent jurisdiction, provided, that if such penalty and attorney's fees are assessed by the IV–D agency or by such other administrative agency, the individual, employer, agency, institution or other entity against whom such penalties and fees are assessed may seek judicial review of such assessment within 45 days of notice of such assessment. The amount of such penalty shall be $100 for the first violation, $200 for the second violation, and $300 for the third violation and each violation thereafter. Any license held or sought by any obligor who, without reasonable cause, fails to comply with a subpoena or summons issued under this section may also be subject to revocation, suspension, or nonissuance pursuant to section 16, provided that any individual aggrieved by a final determination to so revoke, suspend or not issue a license may seek judicial review pursuant to section 17 within 45 days of notice of such final determination. A justice of a court that has jurisdiction of child support and paternity matters may, upon the application of the IV–D agency, compel the attendance of witnesses, the production of books, papers, records, data and other evidence and the giving of testimony before the IV–D agency in the same manner and to the same extent as before such court and in accordance with the applicable rules of procedure.

Section 15. The IV–D agency may take testimony and proofs under oath with reference to any matter within the administrative authority of the agency and, in connection therewith, may issue subpoenas or summonses and require the attendance and testimony of witnesses and the production of books, papers, records, data and other evidence. In the case of records maintained in electronic data bases, the IV–D agency may issue a subpoena, including a subpoena in machine readable format, for access, including electronic access, to such records. In all other cases, subpoenas and summonses issued by the IV–D agency shall be served in the same manner as subpoenas or summonses issued on behalf of the commonwealth for witnesses in civil cases. All provisions of law relative to the subpoenas or summonses shall apply to subpoenas or summonses issued hereunder. Any individual, employer, agency, institution or other entity who, without reasonable cause, fails to comply with a subpoena or summons issued under this section shall be liable for a penalty and reasonable attorneys' fees to be assessed by the IV–D agency or by a court or administrative agency of competent jurisdiction, provided, that if such penalty and attorney's fees are assessed by the IV–D agency or by such other administrative agency, the individual, employer, agency, institution or other entity against whom such penalties and fees are assessed may seek judicial review of such assessment within 45 days of notice of such assessment. The amount of such penalty shall be $100 for the first violation, $200 for the second violation, and $300 for the third violation and each violation thereafter. Any license held or sought by any obligor who, without reasonable cause, fails to comply with a subpoena or summons issued under this section may also be subject to revocation, suspension, or nonissuance pursuant to section 16, provided that any individual aggrieved by a final determination to so revoke, suspend or not issue a license may seek judicial review pursuant to section 17 within 45 days of notice of such final determination. A justice of a court that has jurisdiction of child support and paternity matters may, upon the application of the IV–D agency, compel the attendance of witnesses, the production of books, papers, records, data and other evidence and the giving of testimony before the IV–D agency in the same manner and to the same extent as before such court and in accordance with the applicable rules of procedure.