CHAPTER 290

FORMERLY

SENATE BILL NO. 419

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER I, TITLE 31 OF THE DELAWARE CODE RELATING TO THE SUBPOENA POWER OF THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 1, Title 31 of the Delaware Code by adding a new Section as follows:

§115. Subpoena Authority.

(a) In addition to the other powers of the Secretary of the Department of Health and Social Services, the Secretary or the Secretary's designee, shall, for purposes related to welfare fraud investigations and welfare overpayment investigations, have the power to administer oaths, subpoena witnesses, and compel the production of books, papers, documents, or other tangible things. Any person who shall fall to appear In response to a subpoena or to answer any question or produce any books, papers, documents, or other tangible things relevant to any such Investigations may be compelled to do so by order of the Superior Court.

(a) Service of a subpoena Issued under this section shall be made by any sheriff, any deputy sheriff, any constable, or any employee of the Department of Health and Social Services by delivering a copy of the subpoena to the person to whom it Is addressed or by leaving a copy of the subpoena at his usual place of abode with a person of suitable age and discretion residing therein. Any fee that the State, or any county or municipality of the State, might otherwise charge for the service of a subpoena shall be waived for the service of a subpoena under this section.

(b) Neither the Secretary of the Department of Health and Social Services nor the Secretary's designee shall be charged any court costs or fees associated with an order of the Superior Court under subsection (a) of this section.

(c) A subpoena Issued under subsection (a) of this section shall he effective throughout this State."

Approved June 28, 1988.