(35 ILCS 135/18) (from Ch. 120, par. 453.48)
Sec. 18.
The Department or any officer or employee of the Department
designated, in writing, by the Director thereof, shall at its or his or
her own instance, or on the written request of any interested 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 the terms of this Act may be served by any person of
full age. The fees of witnesses for attendance and travel shall be the same
as the fees of witnesses before the 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 cost of service of
the subpoena or subpoena duces tecum and the fee of the witness shall 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
or subpoena duces tecum issued out of a court.
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 or his
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 authorized by this Act, by an attachment for contempt,
or otherwise, in the same manner as production of evidence may be compelled
before the court.
The Department or any officer or employee thereof, or any other party in
an investigation or hearing before the Department, may cause the
depositions of witnesses within the State to be taken in the manner
prescribed by law for like depositions, or depositions for discovery in
civil actions in courts of this State, and to that end compel the
attendance of witnesses and the production of books, papers, records or
memoranda, in the same manner hereinbefore provided.
(Source: P.A. 83-334.)
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