Investigatory powers – Subpoenas – District court writs.

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A. In any investigations pursuant to the Oklahoma Uniformed Services Employment and Reemployment Rights Act:

1. Duly authorized representatives of the Commissioner of Labor shall, at all reasonable times, have reasonable access to and the right to interview persons with information relevant to an investigation and shall have reasonable access to, for purposes of examination, and the right to copy and receive, any documents of any person or employer that the Commissioner considers relevant to the investigation; and

2. The Commissioner may require by subpoena the attendance and testimony of witnesses and the production of documents relating to any matter under investigation. If a party disobeys a subpoena, and upon request of the Commissioner, the district attorney with jurisdiction in the county where the complainant resides or where the complainant was previously assigned for duty as a state employee immediately prior to service in the military forces may apply to district court for an order enforcing the subpoena.

B. Upon application, district courts of the state shall have jurisdiction to issue writs commanding any person or employer to comply with the subpoena of the Commissioner or to comply with any order of the Commissioner made pursuant to a lawful investigation pursuant to the Oklahoma Uniformed Services Employment and Reemployment Rights Act, and district courts shall have jurisdiction to punish a party for failure to obey a subpoena or other lawful order of the Commissioner as a contempt of court.

C. Subsections A and B of this section shall not apply to the legislative branch or the judicial branch of the state.

Added by Laws 2021, c. 122, § 18, emerg. eff. April 21, 2021.


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