Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 3 - Natural Resources › Chapter 313 - Hazardous Liquids Pipeline Enforcement › Section V-31305 - Subpoenas

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 Department 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 a subpoena may be made by handing them to the
				  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 or refusal to testify therein.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:753.