(1)  For investigations by the division and for certification hearings or other testimony before the council, the division may administer oaths and affirmations, subpoena witnesses, take evidence, and require by subpoena duces tecum the production of relevant papers, records, or other documents or information, whether filed or kept in original form, or electronically stored or recorded.

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204

Terms Used In Utah Code 53-6-210

  • Council: means the Peace Officer Standards and Training Council created in Section 53-6-106. See Utah Code 53-6-102
  • Division: means the Peace Officer Standards and Training Division created in Section 53-6-103. See Utah Code 53-6-102
  • 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.
  • Person: means :Utah Code 68-3-12.5
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2)  A person who willfully disobeys a properly served subpoena issued by the division is guilty of a class B misdemeanor.

Renumbered and Amended by Chapter 234, 1993 General Session