(35 ILCS 5/916) (from Ch. 120, par. 9-916)
Sec. 916. Production of Witnesses and Records. (a) Subpoenas. The Department
or any officer or employee of the Department designated in writing by the
Director, shall at its or his or her own instance, or on the written
request of any other party to the proceeding, issue subpoenas requiring
the attendance of and the giving of testimony by witnesses, and subpoenas
duces tecum requiring the production of books, papers, records or memoranda.
All subpoenas and subpoenas duces tecum issued under this Act may be served
by any person of full age.
(b) Fees. The fees of witnesses for attendance and travel shall be
the same as the fees of witnesses before a Circuit Court of this State,
such fees to be paid when the witness is excused from further attendance.
When the witness is subpoenaed at the instance of the Department or any
officer or employee thereof, such fees shall be paid in the same manner as
other expenses of the Department, and when the witness is subpoenaed at the
instance of any other party to any such proceeding the Department may
require that the cost of service of the subpoena or subpoenas duces tecum
and the fee of the witness be borne by the party at whose instance the
witness is summoned. In such case, the Department, in its discretion, may
require a deposit to cover the cost of such service and witness fees. A
subpoena or subpoena duces tecum so issued shall be
served in the same manner as a subpoena issued out of a court.
(c) Judicial enforcement. Any Circuit Court of this State, upon the application
of the Department or any officer or
employee thereof, or upon the application of any other party to the
proceeding may, in its discretion, compel the attendance of
witnesses, the production of books, papers, records or memoranda and the
giving of testimony before the Department or any officer or employee
thereof conducting an investigation or holding a hearing not otherwise delegated to the Illinois Independent Tax Tribunal, by an attachment for contempt, or otherwise, in the same manner as
production of evidence may be compelled before the Court.
(Source: P.A. 97-1129, eff. 8-28-12.)
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