TITLE 42

State Affairs and Government

CHAPTER 42-16.1

Department of Labor and Training

SECTION 42-16.1-13



   § 42-16.1-13  Investigative powers of the

fraud prevention unit. –

The unit is authorized to investigate allegations of workers' compensation

fraud and abuse. In furtherance of any investigation, the unit has the power to:



   (1) Administrative subpoena. The unit may request,

through an administrative subpoena, the attendance and testimony of witnesses

and the production of books, records, and other evidence relevant to an

investigation. The subpoena shall specify the time, date, and place where the

witness is to respond. Within twenty (20) days after the service of the

subpoena or at anytime before the return date specified in the subpoena,

whichever period is shorter, the person served may file in a state superior

court and serve upon the unit and the attorney general a civil petition for an

order of the court modifying or setting aside the subpoena. The petition shall

specify each ground upon which the petitioner is seeking relief. If a person

neglects or refuses to comply with any request to provide testimony or produce

books, records, and other evidence relevant to an investigation, the attorney

general may petition the superior court for an order compelling the person to

answer the request. Books, records, and other evidence obtained through an

administrative subpoena that are not used in a court proceeding shall be

destroyed as soon as practicable.



   (2) Service of process. Unit investigators have the

authority to serve criminal and civil process.



History of Section.

(P.L. 1999, ch. 31, art. 8, § 4; P.L. 1999, ch. 216, § 11; P.L. 1999,

ch. 384, § 11.)