TITLE 39
Public Utilities and Carriers
CHAPTER 39-12
Motor Carriers of Property
SECTION 39-12-5
§ 39-12-5 Administration of chapter
Investigations Hearings.
(a) For the effective administration of this chapter as may relate to the
supervision and regulation of motor carriers of property over the highways of
this state in intrastate or interstate commerce, the administrator shall
designate examiners, investigators, field investigators, hearing officers,
regulatory inspectors, and other employees to enforce and carry into effect the
provisions of this chapter, to make investigations, and to conduct hearings on
any matter arising under this chapter. In conducting an investigation and/or
hearing, the person so designated by the administrator shall be vested with all
powers conferred on the administrator by this chapter; and upon completion of
the investigation and/or hearing, the party hearing or investigating shall
decide the matter at issue in hearing or under investigation and shall file his
or her decision and findings in writing with the administrator, and his or her
decision or finding when signed by the administrator shall be deemed the
decision and order of the administrator.
(b) The administrator or his or her duly authorized
examiners, investigators, officers, or regulatory inspectors shall have
authority to examine all equipment of motor carriers and lessors and shall have
authority to inspect, examine, and copy all accounts, books, records,
memoranda, correspondence, and other documents of such motor carriers and/or
lessors, and such documents, accounts, books, records, correspondence, and
memoranda of any person controlling, controlled by, or under common control of
any carrier, as the administrator shall deem relevant to the person's relation
to or transaction with the carrier. Motor carriers, lessors, or persons shall
submit their accounts, books, records, memoranda, correspondence, or other
documents, relating to motor carrier activities only, for the inspection and
copying authorized by this section, and motor carriers and lessors shall submit
their equipment for examination and inspection, to any duly authorized
examiner, investigator, or regulatory inspector upon demand and the display of
proper credentials. The administrator shall have the power to administer oaths,
summon and examine witnesses, and order the production and examination of
books, accounts, records, memoranda, correspondence, and other documents in any
proceeding within the jurisdiction of the administrator. All subpoenas and
orders for the production of books, accounts, papers, records, and documents
shall be signed and issued by the administrator and served as subpoenas in
civil cases in the superior court are now served, and witnesses so subpoenaed
shall be entitled to the same fees for attendance and travel as are now
provided for witnesses in civil cases in the superior court.
(c) If the person subpoenaed to attend before the division
fails to obey the command of the subpoena without reasonable cause, or if a
person in attendance before the administrator shall, without reasonable cause,
refuse to be sworn, or to be examined, or to answer a legal or pertinent
question, or if any person shall refuse to produce books, accounts, records,
memoranda, correspondence, or other documents material to the issue, set forth
in an order duly served on him or her, the administrator or his or her agent
thereof may apply to any justice of the superior court of any county, upon
proof by affidavit of the fact, for a rule or order returnable in not less than
two (2) or more than five (5) days, directing the person to show cause before
the justice who made the order or any justice of the superior court why he or
she should not be adjudged for contempt. Upon return of the order, the justice
before whom the matter is brought for a hearing shall examine under oath the
person, and the person shall be given an opportunity to be heard, and if the
justice shall determine that the person has refused without reasonable cause or
legal excuse to be examined or to answer a legal question and a pertinent
question, or to produce books, accounts, records, memoranda, correspondence, or
other documents material to the issue, which he or she was ordered to bring or
produce, the justice may immediately commit the offender to jail, there to
remain until he or she submits to do the act for which he or she was required
to do, or is discharged according to law.
History of Section.
(P.L. 1958, ch. 87, § 1; P.L. 1967, ch. 209, § 2.)
