| (1) |
The inspector general has the power to issue a subpoena to obtain a record or interview a person that the office or inspector general has the right to access under 3. |
Terms Used In Utah Code 63A-13-401
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Inspector general: means the inspector general of the office, appointed under Section 63A-13-201. See Utah Code 63A-13-102
- Office: means the Office of Inspector General of Medicaid Services, created in Section 63A-13-201. See Utah Code 63A-13-102
- Person: means :Utah Code 68-3-12.5
- Subpoena: A command to a witness to appear and give testimony.
| (2) |
A person who fails to comply with a subpoena issued by the inspector general or who refuses to testify regarding a matter upon which the person may be lawfully interrogated:
| (a) |
is in contempt of the inspector general; and |
| (b) |
upon request by the inspector general, the attorney general shall:
| (i) |
file a motion for an order to compel obedience to the subpoena with the district court; |
| (ii) |
file, with the district court, a motion for an order to show cause why the penalties established in 3, should not be imposed upon the person named in the subpoena for contempt of the inspector general; or |
| (iii) |
pursue other legal remedies against the person. |
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| (3) |
Upon receipt of a motion under Subsection (2), the court:
| (a) |
shall expedite the hearing and decision on the motion; and |
| (b) |
may:
| (i) |
order the person named in the subpoena to comply with the subpoena; and |
| (ii) |
impose any penalties authorized by 3, upon the person named in the subpoena for contempt of the inspector general. |
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| (4) |
| (a) |
If a subpoena described in this section requires the production of accounts, books, papers, documents, or other tangible items, the person or entity to whom it is directed may petition a district court to quash or modify the subpoena at or before the time specified in the subpoena for compliance. |
| (b) |
The inspector general may respond to a motion to quash or modify the subpoena by pursuing any remedy authorized by Subsection (3). |
| (c) |
If the court finds that a subpoena requiring the production of accounts, books, papers, documents, or other tangible items is unreasonable or oppressive, the court may quash or modify the subpoena. |
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| (5) |
Nothing in this section prevents the inspector general from seeking an extraordinary writ to remedy contempt of the inspector general. |
| (6) |
Any party aggrieved by a decision of a court under this section may appeal that decision directly to the Utah Supreme Court. |
Renumbered and Amended by Chapter 12, 2013 General Session
