Bill Text: PA SB209 | 2009-2010 | Regular Session | Introduced

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Bill Title: In practice and procedure of local agencies, authorizing local agencies to issue subpoenas to compel attendance of witnesses and the production of documents; and providing for a remedy for failure to obey subpoenas.

Sponsorship: Slight Partisan Bill (Democrat 5-2)

Status: (Introduced - Dead) 2009-02-19 - Referred to JUDICIARY [SB209 Detail]

Download: Pennsylvania-2009-SB209-Introduced.html

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PRINTER'S NO. 215
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 209 Session of2009
INTRODUCED BY GORDNER, ERICKSON, WILLIAMS, O'PAKE, BOSCOLA, FERLO AND WASHINGTON, FEBRUARY 19, 2009
REFERRED TO JUDICIARY, FEBRUARY 19, 2009
AN ACT
Amending Title 2 (Administrative Law and Procedure) of the
Pennsylvania Consolidated Statutes, in practice and procedure
of local agencies, authorizing local agencies to issue
subpoenas to compel attendance of witnesses and the
production of documents; and providing for a remedy for
failure to obey subpoenas.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 554 of Title 2 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 554. Evidence [and], cross-examination and subpoena power.
(a) General rule.--Local agencies shall not be bound by
technical rules of evidence at agency hearings, and all relevant
evidence of reasonably probative value may be received.
Reasonable examination and cross-examination shall be permitted.
(b) Subpoenas.--
(1) A local agency that conducts hearings in accordance
with this subchapter shall have the power to issue subpoenas
to compel the attendance of witnesses and the production of
relevant documents and papers, including witnesses and
documents requested by the parties.
(2) Any witness who refuses to obey a subpoena issued
under this subsection, or to testify, or who is guilty of any
contempt after summons to appear, may be punished for
contempt of court, and, for this purpose, an application may
be made to any court of common pleas within which the local
agency is situate.
(3) Nothing in this subsection shall be construed as
abrogating, repealing, limiting or restricting the power or
authority of any local agency under common law or any other
statute to issue subpoenas for the production of witnesses or
documents.
Section 2. This act shall take effect in 60 days.
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