Oklahoma § 74-316 - Witnesses and evidence - Administration of oath or

§ 74-316. Witnesses and evidence - Administration of oath or

affirmations - Punishment for contempt - Prosecutions - Right of

entry.

The State Fire Marshal and the Assistant Fire Marshal shall each

have power in any county in the State of Oklahoma to summons and

compel the attendance of witnesses before them, or either of them,

to testify in relation to any matter which by any of the provisions

of this act is made a subject of inquiry and investigation and may

require the production of any books, papers or documents deemed

pertinent thereto by them, or either of them. Said State Fire

Marshal, Assistant Fire Marshal are each hereby authorized and

empowered to administer oaths or affirmations to any person

appearing as witness before them and false swearing in any matter or

proceedings aforesaid shall be the felony of perjury and shall be

punished as such. Any witness who refuses to be sworn or refuses to

testify or who disobeys any lawful order of the said State Fire

Marshal, Assistant State Fire Marshal, or who fails or refuses, to

produce any book, paper or document, touching on any matter under

examination, or who is guilty of any contemptuous conduct after

being summoned by them or either of them, to appear before them, or

either of them, to give testimony in relation to any matter or

subject under investigation as aforesaid, shall be deemed guilty of

a misdemeanor and it shall be the duty of the State Fire Marshal,

Assistant State Fire Marshal, or either of them to make complaint

against said person or persons so refusing to comply with the

summons or order of the said State Fire Marshal, or Assistant State

Marshal, before any justice of the peace, police magistrate, or any

court of record in the county in which said investigation is being

had, and upon the filing of such complaint such court shall proceed

in the same manner as other criminal cases and upon conviction of

any such person guilty of violation of the provisions of this act,

shall be fined in a sum of not exceeding Twenty-five Dollars

($25.00) and imprisonment until such fine is paid; provided,

however, that any person so convicted shall have the right of

appeal. Said State Fire Marshal and his subordinates or either of

them shall have the authority at all times of day or night in the

performance of the duties imposed by the provisions of this act, to

enter upon and examine any building or premises where any fire has

Oklahoma Statutes - Title 74. State Government

occurred and other buildings adjoining or near the same. All

investigations held by or under the direction of the said State Fire

Marshal, may, in his discretion be private, and persons other than

those required to be present by the provisions of this act, may be

excluded from the place where such investigation is held and

witnesses may be kept separate and apart from each other and not be

allowed to communicate with each other until they have been

examined.

Added by Laws 1910-11, c. 46, p. 116, § 6. Amended by Laws 1997, c.

133, § 589, eff. July 1, 1998.