South Carolina § 41-29-210 - Penalties for contumacy or failure to obey subpoena.

§ 41-29-210. Penalties for contumacy or failure to obey subpoena.

(1) In case of contumacy by a person or refusal to obey a subpoena issued to a person, a court of this State or judge of this State within the jurisdiction of which the person guilty of contumacy or refusal to obey is found, resides, or transacts business, upon application by the department or a duly authorized representative may issue to him an order requiring him to appear before the department or a duly authorized representative of the department to produce evidence if ordered to do so or to give testimony touching the matter under investigation or in question. Failure to obey an order of the court may be punished as a contempt of the order.

(2) A person who, without just cause, fails or refuses to attend and testify; to answer a lawful inquiry; or to produce books, papers, correspondence, memoranda and other records, if it is in his power to do this in accordance with a subpoena of the department or a duly authorized representative, must be punished by a fine of not less than twenty nor more than two hundred dollars or by imprisonment for not more than thirty days. Each failure to obey a subpoena constitutes a separate offense.

HISTORY: 1962 Code SECTION 68-71; 1952 Code SECTION 68-71; 1942 Code SECTION 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1966 (54) 2640; 2010 Act No. 146, SECTION 45, eff March 30, 2010.

Effect of Amendment

The 2010 amendment substituted "department" for three occurrences of "Commission"; and made other nonsubstantive changes throughout this section.