State Affairs and Government
Department of Labor and Training
§ 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.)