Indiana Code 22-8-1.1-52. Commissioner and employees not subject to subpoena except in certain circumstances
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Sec. 52. This section does not apply to a subpoena requesting only documents or other records. Neither the commissioner nor any employee or former employee of the department is subject to subpoena for purposes of inquiry into any occupational safety and health inspection, except in the following circumstances:
(2) An action is filed in which the department is a party.
(1) An enforcement proceeding is brought under this chapter.
Terms Used In Indiana Code 22-8-1.1-52
- Commissioner: means the commissioner of labor or the commissioner's duly designated representative. See Indiana Code 22-8-1.1-1
- Department: means the department of labor. See Indiana Code 22-8-1.1-1
- Employee: means a person permitted to work by an employer in employment. See Indiana Code 22-8-1.1-1
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(3) The commissioner consents in writing to waive the exemption provided by this section.
(4) A court finds that:
(A) the information sought is essential to the underlying case;
(B) there are no reasonable alternative means for acquiring the information; and
(C) a significant injustice would occur if the requested testimony was not available.
As added by P.L.76-2012, SEC.4.