Montana Code 49-2-203. Subpoena power of department and commissioner
49-2-203. Subpoena power of department and commissioner. (1) The department may issue subpoenas, take the testimony of any person under oath, administer oaths, and require for the purpose of examination the production of books, papers, or other tangible evidence relating to a complaint of discrimination filed under this chapter.
Terms Used In Montana Code 49-2-203
- Commissioner: means the commissioner of labor and industry provided for in 2-15-1701. See Montana Code 49-2-101
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 49-2-101
- 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.
- Oath: A promise to tell the truth.
- Oath: includes an affirmation or declaration. See Montana Code 1-1-201
- Person: means one or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated employees' associations, employers, employment agencies, organizations, or labor organizations. See Montana Code 49-2-101
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2)The department’s staff may request that a subpoena relating to a matter under investigation be issued by the commissioner or the commissioner’s authorized representative. The authorized representative may not be involved in enforcement of human rights. The commissioner may subpoena witnesses, take testimony under oath, administer oaths, and require the production of books, papers, or other tangible evidence for examination relating to the matter under investigation.
(3)Subpoenas issued pursuant to this section may be enforced as provided in 2-4-104 of the Montana Administrative Procedure Act.