§ 2715. — Subpoena and deposition authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2715]
TITLE 25--INDIANS
CHAPTER 29--INDIAN GAMING REGULATION
Sec. 2715. Subpoena and deposition authority
(a) Attendance, testimony, production of papers, etc.
By a vote of not less than two members, the Commission shall have
the power to require by subpoena the attendance and testimony of
witnesses and the production of all books, papers, and documents
relating to any matter under consideration or investigation. Witnesses
so summoned shall be paid the same fees and mileage that are paid
witnesses in the courts of the United States.
(b) Geographical location
The attendance of witnesses and the production of books, papers, and
documents, may be required from any place in the United States at any
designated place of hearing. The Commission may request the Secretary to
request the Attorney General to bring an action to enforce any subpoena
under this section.
(c) Refusal of subpoena; court order; contempt
Any court of the United States within the jurisdiction of which an
inquiry is carried on may, in case of contumacy or refusal to obey a
subpoena for any reason, issue an order requiring such person to appear
before the Commission (and produce books, papers, or documents as so
ordered) and give evidence concerning the matter in question and any
failure to obey such order of the court may be punished by such court as
a contempt thereof.
(d) Depositions; notice
A Commissioner may order testimony to be taken by deposition in any
proceeding or investigation pending before the Commission at any stage
of such proceeding or investigation. Such depositions may be taken
before any person designated by the Commission and having power to
administer oaths. Reasonable notice must first be given to the
Commission in writing by the party or his attorney proposing to take
such deposition, and, in cases in which a Commissioner proposes to take
a deposition, reasonable notice must be given. The notice shall state
the name of the witness and the time and place of the taking of his
deposition. Any person may be compelled to appear and depose, and to
produce books, papers, or documents, in the same manner as witnesses may
be compelled to appear and testify and produce like documentary evidence
before the Commission, as hereinbefore provided.
(e) Oath or affirmation required
Every person deposing as herein provided shall be cautioned and
shall be required to swear (or affirm, if he so requests) to testify to
the whole truth, and shall be carefully examined. His testimony shall be
reduced to writing by the person taking the deposition, or under his
direction, and shall, after it has been reduced to writing, be
subscribed by the deponent. All depositions shall be promptly filed with
the Commission.
(f) Witness fees
Witnesses whose depositions are taken as authorized in this section,
and the persons taking the same, shall severally be entitled to the same
fees as are paid for like services in the courts of the United States.
(Pub. L. 100-497, Sec. 16, Oct. 17, 1988, 102 Stat. 2483.)
Section Referred to in Other Sections
This section is referred to in section 2706 of this title.
