Maine Revised Statutes Title 35-A Sec. 1315 – Self-incrimination; immunity
Current as of: 2023 | Check for updates
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1. Self-incrimination. In any proceeding before the commission, if a person refuses to answer questions or produce evidence on the ground that that person may be incriminated and if the commission staff, in writing, and with the written approval of the Attorney General, requests the commission to order that person to answer the questions or produce the evidence, the commission, after notice to the witness and a hearing, shall so order unless it finds to do so would be clearly contrary to the public interest.
[RR 2021, c. 1, Pt. B, §399 (COR).]
Terms Used In Maine Revised Statutes Title 35-A Sec. 1315
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Commission: means the Public Utilities Commission. See Maine Revised Statutes Title 35-A Sec. 102
- 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.
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Person: includes a corporation, partnership, limited partnership, limited liability company, limited liability partnership, association, trust, estate, any other legal entity or natural person. See Maine Revised Statutes Title 35-A Sec. 102
2. Immunity. If, but for this section, the person would have had the right to withhold the answers given or the evidence produced by that person, that person may not be prosecuted or subjected to penalty or forfeiture for or on account of any transaction or matter that concerns the answers that person gave or the evidence that person produced in accordance with the order.
[RR 2021, c. 1, Pt. B, §399 (COR).]
3. Failure to comply. If a person fails to answer questions or produce evidence as ordered by the commission, following notice and hearing, that person is subject to the provisions of section 1502. A person may be prosecuted or subjected to penalty or forfeiture for any perjury, false swearing or contempt that that person commits in answering or failing to answer or in producing or failing to produce evidence in accordance with the order.
[RR 2021, c. 1, Pt. B, §399 (COR).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). RR 2021, c. 1, Pt. B, §399 (COR).