50-2018.

Subpoenas; request of Public Counsel; Executive Board of the Legislative Council; powers and duties; litigation; appeal; fees and expenses.

(1) At the request of the Public Counsel, the Executive Board of the Legislative Council, by a majority vote, may issue subpoenas in connection with a specific inquiry or investigation undertaken pursuant to the Office of Public Counsel Act to compel the production of records and information and sworn testimony or other evidence deemed relevant to such inquiry or investigation. The executive board shall vote to determine whether to issue a subpoena within ten days after receipt of the request.

(2) When authorized to issue subpoenas under this section, the executive board may require any person to provide the records or information requested within thirty days after the request except as provided for in the subpoena or to appear at a hearing on the date set in the subpoena.

(3) Litigation to compel or quash compliance with the authority exercised pursuant to this section shall be advanced on the trial docket and heard and decided by the court as quickly as possible. The court shall issue its decision no later than twenty days after the filing of the application or petition or a motion to quash, whichever is filed first. Either party may appeal to the Court of Appeals within ten days after a decision is rendered.

(4) The district court of Lancaster County has jurisdiction over all litigation arising under this section. In all such litigation, the executive board shall provide for legal representation for the office.

(5) In case of disobedience on the part of any person to comply with any subpoena issued pursuant to this section, the executive board shall vote on whether to find the person in contempt or to find that the failure to comply was not willful.

(6) If the executive board finds a person in contempt as provided in subsection (5) of this section, the executive board may, by application or petition to the district court of Lancaster County, request that the court compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court. The application or petition shall be filed by the chairperson of the executive board.

(7) A person required to provide information under this section shall be paid the same fees and travel allowances and shall be accorded the same privileges and immunities as are extended to witnesses in the district courts of this state and shall also be entitled to have counsel present while being questioned. Any fees associated with counsel present under this section shall not be the responsibility of the office of Public Counsel or the Legislative Council.