(620 ILCS 5/53) (from Ch. 15 1/2, par. 22.53)
Sec. 53.
Attendance of witness.
All subpoenas issued under the laws of this State pertaining to
aeronautics may be served by any person who is not a minor. The fees of
witnesses for attendance and travel shall be the same as fees of witnesses
before the circuit courts of this State, such fees to be paid at the time
the witness is excused from further attendance, when the witness is
subpoenaed at the instance of the Department, or any officer thereof, or
any employee designated by it for the purpose of conducting any such
investigation, inquiry or hearing; and the disbursements made in the
payment of such fees shall be audited and paid in the same manner as are
other expenses of the Department. Whenever a subpoena is issued at the
instance of a complainant, respondent or other party to any proceeding
before the Department, the Department may require that the cost of service
thereof and the fee of the same shall be borne by the party at whose
instance the witness is summoned before the Department, and the Department
shall have power, in its discretion, to require a deposit to cover the cost
of such service and witness fees and the payment of legal witness fees and
mileage to the witness when served with subpoena. A subpoena issued as
aforesaid shall be served in the same manner as a subpoena issued out of a
court.
Any person who shall be served with a subpoena to appear and testify, or
to produce books, papers, accounts or documents, either in person or by
deposition, in the manner provided in this section, issued by the
Department or by any officer thereof, or any employee thereof designated by
it to conduct any such investigation, inquiry or hearing, in the course of
an investigation, inquiry or hearing conducted under any of the provisions
of the laws of this State pertaining to aeronautics, and who shall refuse
or neglect to appear, or to testify, or to produce books, papers, accounts
and documents relative to the investigation, inquiry or hearing as
commanded in such subpoena, shall be guilty of a petty offense.
Any circuit court of this State, upon application
of the Department, or an officer thereof, or an employee thereof designated
by it for the purpose of conducting any such investigation, inquiry or
hearing, may, in its discretion, compel the attendance of witnesses,
the production of books, papers, accounts and documents, and the giving of
testimony before the Department, or before any officer thereof, or any
employee designated by it for the purpose of conducting any such
investigation, inquiry or hearing, in person or by deposition, in the
manner provided in this section, 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 thereof, or any employee thereof
designated by it for the purpose of conducting any investigation, inquiry
or hearing, or any party may, in any investigation, inquiry or hearing
before the Department, or conducted under its authority, cause the
deposition of witnesses residing within or without the State to be taken in
the manner prescribed by law for taking like depositions in civil cases in
courts of this State, and to that end may compel the attendance of
witnesses and the production of papers, books, accounts and documents.
(Source: P.A. 83-334.)
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