CHAPTER 562

FORMERLY SENATE BILL

NO. 693

AN ACT TO AMEND CHAPTER 83, TITLE 29 OF THE DELAWARE CODE RELATING TO HEARINGS HELD BY THE STATE BOARD OF PENSION TRUSTEES, AND THE SUBPOENAING BY THE BOARD OF WITNESSES OR DOCUMENTS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Section 8308 (c), Chapter 83, Title 29 of the Delaware Code, by adding thereto a new subsection, designated as (7), which new subsection shall read as follows:

(7) To issue subpoenas and administer oaths in any proceeding and in all other cases where it is necessary in the exercise of the powers and duties of the Board. It may examine persons as witnesses, take evidence, require the production of documents, and do all other things conformable to law which are necessary to enable it effectively to discharge its duties of office. Such oaths may be administered and such subpoenas issued by any member of the Board.

Any subpoena, process, or Order of the Board or any notice or paper requiring service, may be accomplished by certified mail, return receipt requested, or may be served by any Constable or any State employee designee for the Board, and return thereof made to the Board. In cases where service is made by a Constable, he shall receive the same fees as are provided by law for like service in civil actions; if service is made by a State employee designee for the Board, such State employee designee shall not receive any fee, but shall be reimbursed his actual expenses.

In proceedings before the Board, if any person neglects to produce any pertinent document, neglects or refuses to appear after having been subpoenaed, refuses to testify or be examined by members of the Board, disobeys or resists any lawful order or process, or misbehaves during a hearing in a manner intended to obstruct the hearing, the Board shall certify the facts under

signature by its chairman to any judge of the Superior Court, which judge shall thereupon hear the evidence as to the acts complained of. The judge shall, if he deems the evidence so warrants, issue an Order requiring such person to testify, produce documents, or otherwise comply with the requirements of the Board as the case may require. Refusal to do so shall be prosecuted as contempt of court.

Approved July 21, 1972.