(a) The Division of Higher Education shall have the power to issue subpoenas and subpoenas duces tecum in connection with both its investigations and hearings.(b) A subpoena duces tecum may require any book, writing, document, or other paper or thing which is germane to an investigation or hearing conducted by the division.(c)(1) Service of a subpoena shall be as provided by law for the service of subpoenas in civil cases in the circuit courts of this state, and the fees and mileage of officers serving the subpoenas and of witnesses appearing in answer to the subpoenas shall be the same as provided by law for proceedings in civil cases in the circuit courts of this state.(2)(A) The division shall issue a subpoena or subpoena duces tecum upon the request of any party to a hearing before the division.(B) The fees and mileage of the officers serving the subpoena and of the witness shall be paid by the party at whose request a witness is subpoenaed.(d)(1) In the event a person shall have been served with a subpoena or subpoena duces tecum as provided in this section and fails to comply therewith, the division may apply to the circuit court of the county in which the division is have been served with a subpoena or subpoena duces tecum as provided in this section and fails to comply therewith, the division may apply to the circuit court of the county in which the division is conducting its investigation or hearing for an order causing the arrest of the person and directing that the person be brought before the court.(2) The court shall have the power to punish the disobedient person for contempt as provided by law in the trial of civil cases in the circuit courts of this state.Amended by Act 2019, No. 910,§ 1904, eff. 7/1/2019.Amended by Act 2017, No. 565,§ 17, eff. 3/22/2017.Acts 1995, No. 1213, § 1.
Arkansas Legal Code