Subpoenas — Witnesses — Penalties for failure to appear — Perjury

  1. Law
  2. Arkansas Code
  3. General Assembly
  4. Legislative Audit
  5. Arkansas Legislative Audit
  6. Subpoenas — Witnesses — Penalties for failure to appear — Perjury

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  1. (a) In connection with an audit of any entity of the state or a political subdivision of the state or an audit related to any transactions or relationships with the entities, the Legislative Auditor may subpoena records or summon and subpoena any person whose testimony may be desired or deemed necessary to appear before him or her at a time and place and with such papers, files, and records as may be named in the summons or subpoena.

  2. (b) In conducting any audit or examination, the Legislative Auditor or any authorized assistant has the authority to administer oaths.

  3. (c) Any person summoned to appear before the Legislative Auditor or any of his or her authorized assistants to testify or submit papers, files, and records as required in this section shall receive the same compensation as is received by persons serving as witnesses in circuit courts of this state.

  4. (d)

    1. (1) If any person subpoenaed to appear by the Legislative Auditor fails to appear or to produce books, documents, or records subpoenaed, the fact shall be certified to the circuit court of the county in which the hearing is held, and the circuit court shall punish the person for contempt in the same manner as punishment for contempt is imposed for failure to respond to a subpoena or directive of the circuit court.

    2. (2) If a person placed under oath or subpoenaed by the Legislative Auditor, his or her authorized assistants, or the Legislative Joint Auditing Committee knowingly gives false testimony that is material to an audit, that person shall be deemed guilty of perjury upon conviction by a court of competent jurisdiction.

  5. (e)

    1. (1)

      1. (A) Subpoenas issued by the Legislative Auditor shall be served by the sheriff of the county in which the person, books, records, or documents subpoenaed are located.

      2. (B) The sheriff shall be entitled to the same fees for the service of process as provided by law for service of process issued by the circuit court.

    2. (2) However, at his or her option the Legislative Auditor may direct the Department of Arkansas State Police to serve any subpoena.


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