(1) Subpoenas for witnesses, whose evidence is deemed material to an investigation or hearing authorized by KRS § 312.150 and this section, may be issued by the board or any officer of the board and under the seal of the board, commanding the witness to appear before the board at a time and place to be named, and to bring books, records, and documents that may be specified, or to submit books, records, and documents for inspection. Subpoenas may be served by any sheriff or deputy.
(2) When any witness who has been served with a subpoena fails or refuses to appear at the time and place named; or fails or refuses to answer any lawful question propounded; or fails to produce the books, records, or documents required; or is guilty of disorderly or contumacious conduct at the hearing, the board may invoke the aid of the Franklin Circuit Court and any order or subpoena of the court requiring the attendance and testimony of witnesses and the production of documentary evidence may be enforced and shall be valid anywhere in the state.

Terms Used In Kentucky Statutes 312.152

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Board: means the Kentucky State Board of Chiropractic Examiners. See Kentucky Statutes 312.015
  • 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.
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(3) Witnesses shall be entitled to the same fees and mileage as they may be entitled to by law for attending as witnesses in a Circuit Court.
(4) Witnesses who testify under subpoena shall be entitled to the same protection and immunities as witnesses in judicial proceedings.
Effective: June 24, 2003
History: Created 2003 Ky. Acts ch. 126, sec. 9, effective June 24, 2003.