Idaho Code 21-116 – Investigations and Hearings
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(a) General Power, Accidents, Witnesses, Subpoenas, Court Order. The department shall have the power to hold investigations, inquiries and hearings concerning matters covered by the provisions of this act and the rules, regulations and orders of the department, and concerning accidents in aeronautics within this state, providing that the appropriate federal agency fails to act at [within] a reasonable time. Hearings shall be open to the public and, except as provided in section 21-120, shall be held upon such call or notice as the department shall deem advisable. The director or any employee of the department designated by the director to hold any inquiry, investigation or hearing shall have the power to administer oaths and affirmations, certify to all official acts, issue subpoenas, and order the attendance and testimony of witnesses and the production of papers, books, and documents. In case of the failure of any person to comply with any subpoena or order issued under the authority of this section, the department or its authorized representative may invoke the aid of any court of this state of general jurisdiction. The court may thereupon order such person to comply with the requirements of the subpoena or order or to give evidence touching the matter in question. Failure to obey the order of the court may be punished by the court as a contempt thereof.
(b) Use and Limitations on Reports of Investigation. In order to facilitate the making of investigations by the department in the interest of public safety and promotion of aeronautics, the public interest requires, and it is therefore provided, that the reports of investigations or hearings or any part thereof shall not be admitted in evidence or used for any purpose in any suit, action or proceeding growing out of any matter referred to in said investigation, hearing or report thereof, except in case of any suit, action or proceeding, civil or criminal, instituted by or in behalf of the department or in the name of the state under the provisions of this act or other laws of the state relating to aeronautics.
Terms Used In Idaho Code 21-116
- Aeronautics: means the science and art of flight and including, but not limited to, transportation by aircraft; the operation, construction, repair or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair or maintenance of airports or other air navigation facilities; and instruction in flying or ground subjects pertaining thereto. See Idaho Code 21-101
- Department: means the Idaho transportation department. See Idaho Code 21-101
- Director: means the director of the Idaho transportation department. See Idaho Code 21-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof. See Idaho Code 21-101
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- this state: means the state of Idaho. See Idaho Code 21-101