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§63-2-103.1.
§63-2-103.1.
A. In any investigation relating to the functions of the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control pursuant to the
provisions of the Uniform Controlled Dangerous Substances Act with
respect to controlled substances, the Director of the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control, if recommended and
approved by a chief agent of the Bureau and the legal counsel of the
Bureau, may subpoena witnesses, compel the attendance and testimony of
witnesses, and require the production of any records, including books,
papers, documents, and other tangible things which constitute or
contain evidence, which the Director or agent finds relevant or
material to the investigation. The attendance of witnesses and the
production of records may be required from any place in the state to a
designated location in the county seat of the county of which the
subpoenaed person is an inhabitant or in which the subpoenaed person
carries on business or may be found. Witnesses summoned pursuant to
this section shall be paid the same fees and mileage that are paid
witnesses in the courts of this state.
B. The witness shall have the option of complying with said subpoena
by:
1. Appearing and/or producing documents, as requested; or
2. Notifying the Bureau, in writing, of refusal to appear or produce
documents, within ten (10) days of the date of service.
The subpoena form shall clearly set forth the optional means of
compliance including instructions for sending written notice of
refusal.
C. A subpoena issued pursuant to this section may be served by any
person designated in the subpoena to serve it. Service upon a natural
person may be made by personal delivery of the subpoena to him.
Service may be made upon a domestic or foreign corporation or upon a
partnership or other unincorporated association which is subject to
suit under a common name, by delivering the subpoena to an officer, to
a managing or general agent, or to any other agent authorized by
appointment or by law to receive service of process. The affidavit of
the person serving the subpoena entered on a true copy thereof by the
person serving it shall be proof of service.
D. In the case of contumacy by or refusal to obey a subpoena issued to
any person, the Director may invoke the aid of any district court of
the state within the jurisdiction of which the investigation is
carried on or of which the subpoenaed person is an inhabitant, or in
which he carries on business or may be found, to compel compliance
with the subpoena. The court may issue an order requiring the
subpoenaed person to appear before the Director to produce records, if
so ordered, or to give testimony touching the matter under
investigation. Any failure to obey the order of the court may be
punished by the court as an indirect contempt thereof. All process in
any such case may be served in any judicial district in which such
person may be found.
E. The district court of the county wherein the subpoena is served may
quash a subpoena issued pursuant to this section, upon a motion to
quash the subpoena filed with the court by the party to whom the
subpoena is issued.
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