Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XI - Office of Conservation-Pipeline Division › Subpart 3 - Pipeline Safety › Chapter 27 - General › Section XI-2703 - Subpoenas (Formerly section 503)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  assistant secretary may sign and issue subpoenas either on his own initiative
				  or, upon request and adequate showing by any person participating in any
				  proceeding before the assistant secretary that the information sought is
				  relevant and will materially advance the proceeding.
B. A subpoena may require the attendance of a
				  witness for the purpose of giving testimony, or the production of documents or
				  other tangible evidence in the possession or under the control of the person
				  served, or both.
C. A subpoena may
				  be served by any agent of the Office of Conservation, by the sheriff of the
				  parish where service is to be made or the parish where the action is pending or
				  by any other person authorized by law to serve process in this state.
D. Service of a subpoena upon the person
				  named therein shall be made by delivering a copy of the subpoena to such
				  person. Delivery of a copy of subpoena may be made by handing them to the
				  person, leaving them at his office with person, leaving them at his office with
				  persons in charge thereof, leaving them at his dwelling place or usual place of
				  abode with some person of suitable age and discretion then residing therein, or
				  by any method whereby actual notice is given to him.
E. When the person to be served is not a
				  natural person, delivery of a copy of the subpoena may be affected by handing
				  them to a designated agent or representative for service, or to any officer,
				  director, or agent in charge of any office of the person.
F. The original subpoena bearing a
				  certificate of service shall be filed in the assistant secretary's records for
				  the proceedings in connection with which the subpoena was issued.
G. No person shall be excused from attending
				  and testifying or producing books, papers, or records, or from obeying the
				  subpoena of the assistant secretary, or of a court of record on the grounds
				  that the testimony or evidence required of him may tend to incriminate him or
				  subject him to penalty or forfeiture. Pursuant to
				  R.S.
				  30:8(4), no natural person
				  shall be subject to criminal prosecution or to any penalty or forfeiture on
				  account of anything concerning which he may be required to testify or produce
				  evidence before the assistant secretary or a court of law; however, no person
				  testifying shall be exempt from prosecution and punishment for
				  perjury.
H. In the case of failure
				  or refusal of a person to comply with a subpoena issued by the assistant
				  secretary, or in the case of a refusal of a witness to testify or answer as to
				  a matter regarding which he may be lawfully interrogated, any district court on
				  the application of the assistant secretary may, in term time or in vacation,
				  issue an attachment for the person to compel him to comply with the subpoena
				  and to attend before the assistant secretary with the desired documents and to
				  give his testimony upon whatever matters are lawfully required. The court may
				  punish for contempt those disobeying its orders as in the case of disobedience
				  of a subpoena issued by the court of refusal to testify therein.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 30:501 and
					 40:1892.