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Session Laws, 1971
Volume 707, Page 81   View pdf image
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Marvin Mandel, Governor                           81

swearing or affirming before the Commission or any authorized
employee of the Commission as to any material fact shall be deemed
perjury under the laws of the United States.

(b) Subpoenas. Any commissioner, and counsel and hearing ex-
aminer authorized by the Commission, may issue subpoenas in the
name of the Commission to compel witnesses to appear and testify
and/or to produce books, records, papers, documents or other tangi-
ble forms of evidence, relating to any matter within the authority
of the Commission.

In any proceeding before it the Commission may issue such sub-
poenas upon the timely request of any party; provided, however, that
the party so requesting the subpoena shall pay all expenses of service
together with all fees and travel expenses to which the witness may
be entitled and, prior to issuance of the subpoena, shall deposit with
the Commission an amount estimated by the Commission to be suffi-
cient to cover such costs. Subpoenas may be served at any place
within any signatory state by a United States marshal, by any officer
of a signatory authorized to serve process of a court, or by any em-
ployee of the Commission designated for such purpose, and the per-
son serving the subpoena shall make proof of service thereof promptly
to the Commission, but failure to make proof of service does not
affect the validity of the service. Each witness so subpoenaed shall
be entitled to the same fees as are paid witnesses before a United
States Court, but such fees need not be tendered in advance of his
appearing and testifying and/or producing books, records, papers,
documents or other tangible forms of evidence. If any witness shall
neglect or refuse to obey such subpoena, or shall refuse to be sworn
or to testify, the Commission may report that fact to the United
States District Court for the district within which the witness was
required to appear or to testify, and the court may order such person
to comply with such subpoena or to testify and may enforce its
orders in any manner provided by law for the enforcement of sub-
poenas and orders of said court.

15.11. Judicial Review of Commission Orders and Actions.(a)
Upon the petition of any person or governmental agency aggrieved,
any final order, decision or action of the Commission made or taken
after hearing, or with respect to which a hearing is required, any
final decision of the Commission approving or refusing to approve a
project pursuant to Section 3.08, and any other order, decision or
action which this compact provides shall be subject to judicial re-
view, may be reviewed in any court of competent jurisdiction. The
petition for review shall be filed in the court within the time limited
by this compact or, if not so limited, by law of the signatory, or as
may be fixed by rule of the court. Upon the filing of the petition the
Clerk of Court or comparable official shall forthwith, by mail, serve
a copy thereof upon the Commission which shall thereupon file in
the court a certified list of the materials comprising the record of
the proceedings and hold for the court all such materials and trans-
mit the original or certified copies of the same or any part thereof
to the court, when and as required by it, at any time prior to the
final determination of the review.

(b) The filing of a petition for review shall not operate as a stay
of the operation of such order or decision unless so ordered by the
Commission or by the court for good cause shown. For good cause


 

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Session Laws, 1971
Volume 707, Page 81   View pdf image
 Jump to  
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