In any contested administrative hearing under this part, no person shall be excused from attending and testifying, or from producing books, papers, and records before the administrative law judge, or from obedience to the subpoena of the administrative law judge, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required by him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture, provided that nothing contained in this Code section shall be construed as requiring any person to produce any books, papers, or records, or to testify in response to any inquiry, not pertinent to a question lawfully before the administrative law judge for determination. No evidence given by or required of any natural person shall be used or admitted against such a person in any criminal prosecution for any transaction, matter, or thing concerning which he or she may be required to testify or produce evidence, documentary or otherwise, before the administrative law judge in obedience to the subpoena; provided, however, that no person testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.
(Ga. L. 1945, p. 366, § 13; Ga. L. 1975, p. 966, § 12; Ga. L. 1976, p. 544, § 9; Ga. L. 1984, p. 398, § 8; Ga. L. 2018, p. 953, § 1/HB 205; Ga. L. 2019, p. 1056, § 12/SB 52.)
The 2018 amendment, effective May 8, 2018, inserted "or her" in three places in the first sentence, and inserted "or she" in the last sentence.
The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, substituted "obedience to the subpoena" for "obedience to its subpoena" in the last sentence.
RESEARCH REFERENCES
Am. Jur. 2d.
- 38 Am. Jur. 2d, Gas and Oil, §§ 144, 148 et seq.
C.J.S.- 58 C.J.S., Mines and Minerals, §§ 401 et seq., 409 et seq.