Sec. 9. (a) This section applies when a person or witness takes an action as follows:

(1) A person disobeys a lawful:

Terms Used In Indiana Code 23-2.5-11-9

  • 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.
  • Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
  • Oath: A promise to tell the truth.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
(A) subpoena issued under this article; or

(B) order or demand requiring the production of books, accounts, papers, records, documents, or other evidence or information as provided in this article.

(2) A witness in a hearing, inquiry, or investigation refuses to:

(A) appear when subpoenaed;

(B) testify to a matter about which the witness may be lawfully interrogated; or

(C) take or subscribe to an oath required by this article.

     (b) If a person or witness takes an action described in subsection (a):

(1) the circuit or superior court of the county in which the hearing, inquiry, or investigation described in subsection (a) is held, if:

(A) demand is made; or

(B) upon written petition, the production is ordered to be made;

(2) the commissioner;

(3) before July 1, 2020, a hearing officer appointed by the commissioner; or

(4) after June 30, 2020, an administrative law judge assigned, after request by the commissioner, by the office of administrative law proceedings established by IC 4-15-10.5-7;

shall compel compliance with the lawful requirements of the subpoena, order, or demand, compel the production of the necessary or required books, papers, records, documents, and other evidence and information, and compel the witness to attend in an Indiana county and to testify to any matter about which the witness may lawfully be interrogated, and to take or subscribe to any oath required.

As added by P.L.175-2019, SEC.2. Amended by P.L.205-2019, SEC.26.