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420 ILCS 40/45 (420 ILCS 40/45)
(Section scheduled to be repealed on January 1, 2027)
Sec. 45. Subpoena power; confidentiality; witness fees; enforcement;
punishment.
(a) The Agency, by its Assistant Director or a person
designated by the Assistant Director,
may, at the Assistant Director's instance or on the written request of
another party to an
administrative proceeding or investigation administered under this Act or
under
any
other Act administered by the Agency as the successor agency to the
Department of
Nuclear Safety, subpoena witnesses to attend and give
testimony before the hearing officer designated to preside over the proceeding
or investigation and subpoena the production of books, papers, or records that
the Assistant Director or a person designated by the Assistant Director
deems relevant or material
to any such administrative proceeding or investigation.
(b) Any patient records disclosed pursuant to a properly issued
subpoena shall remain confidential and exempt from inspection and copying under
the Freedom of Information Act and protected from disclosure under the
provisions of Part 21 of Article VIII of the Code of Civil Procedure, with the
exception that such patient records shall be admissible in any administrative
proceeding before the Agency when necessary to substantiate
violations of
this Act or any other Act administered by the Agency as the successor agency
to the
Department of Nuclear Safety and rules thereunder.
Prior to admission of such records into evidence or their being made a part of
any contested case file, all information indicating the identity of the patient
shall be removed and deleted.
(c) The fees of witnesses for attendance and travel shall be the same as the
fees for witnesses before the circuit court of this State. Those fees shall be
paid when the witness is excused from further attendance. When a witness is
subpoenaed at the instance of the Agency, those fees shall
be paid in the
same manner as other administrative expenses of the Agency.
When a
witness is subpoenaed at the instance of a party to
a proceeding
other than the Agency,
the Agency may require that the cost of service of the
subpoena or subpoena duces tecum and the fee of the witness be borne by the
party at whose instance the witness is summoned. In such a case, the
Agency, in its discretion, may require a deposit to cover
the cost of the
service and witness fees. A subpoena or subpoena duces tecum issued under this
Section may be served in the same manner as a subpoena issued out of a
circuit court or may be served by United States registered or certified mail,
addressed to the person concerned at the person's last known address, and proof
of that mailing shall be sufficient for the purposes of this Section.
(d) Any person who, without lawful authority, fails to appear in response
to a subpoena or to answer any question or to produce any books, papers,
records, or any other documents relevant or material to such administrative
proceeding
or investigation is guilty of a Class A misdemeanor. Each violation shall
constitute a separate and distinct offense. In addition to initiating
criminal proceedings, the Agency, through the Attorney
General, may seek
enforcement of any such subpoena by any circuit court of this State.
(Source: P.A. 94-104, eff. 7-1-05.)
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