SB54: Professional and Occupational Regulation, Department of; subpoena duces tecum, costs.
SENATE BILL NO. 54
Be it enacted by the General Assembly of Virginia:
1. That § 54.1-307 of the Code of Virginia is amended and reenacted as follows:
§ 54.1-307. Subpoenas.
A. In addition to the authority
granted in § 2.2-4022 to issue subpoenas and the right to issue subpoenas
granted the several regulatory boards within the Department of Professional and
Occupational Regulation, the Director or a designated subordinate shall have
the right to make an ex parte application to the circuit court for the county or city or county wherein evidence
sought is kept or wherein a licensee does business,
for the issuance of a subpoena duces tecum in furtherance of the investigation
of a sworn complaint within the jurisdiction of the Department or a regulatory
board to request production of any relevant records, documents, and physical or other
evidence of any person, partnership, association,
or corporation licensed or regulated by the Department. The court shall be
authorized to issue and compel compliance with such a subpoena upon a showing
of reasonable cause. Upon determining that reasonable cause exists to believe
that evidence may be destroyed or altered, the court may issue a subpoena duces
tecum requiring the immediate production of evidence.
B. Any person, partnership, association, or corporation licensed or regulated by the Department that has a motion to quash a subpoena duces tecum issued pursuant to subsection A shall be awarded reasonable costs and attorney fees or $500, whichever is greater.