(a) In addition to the other powers of the Secretary of the Department of Health and Social Services, the Secretary or the Secretary’s designee shall, for purposes related to welfare fraud investigations and welfare overpayment investigations, have the power to administer oaths, subpoena witnesses and compel the production of books, papers, documents or other tangible things. Any person who shall fail to appear in response to a subpoena or to answer any question or produce any books, papers, documents or other tangible things relevant to any such investigations may be compelled to do so by order of the Superior Court.

Terms Used In Delaware Code Title 31 Sec. 115

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Fraud: Intentional deception resulting in injury to another.
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 6 Sec. 4307
  • Subpoena: A command to a witness to appear and give testimony.

(b) Service of a subpoena issued under this section shall be made by any sheriff, any deputy sheriff, any constable or any employee of the Department of Health and Social Services by delivering a copy of the subpoena to the person to whom it is addressed or by leaving a copy of the subpoena at the person’s usual place of abode with a person of suitable age and discretion residing therein. Any fee that the State, or any county or municipality of the State, might otherwise charge for the service of a subpoena shall be waived for the service of a subpoena under this section.

(c) Neither the Secretary of the Department of Health and Social Services nor the Secretary’s designee shall be charged any court costs or fees associated with an order of the Superior Court under subsection (a) of this section.

(d) A subpoena issued under subsection (a) of this section shall be effective throughout this State.

66 Del. Laws, c. 290, § 1; 70 Del. Laws, c. 186, § 1.;