2004 Minnesota Statutes

     299F.06 Testimonial powers. 

    Subdivision 1.    Summon witnesses; produce documentary 
 evidence.  (a) In order to establish if reasonable grounds 
 exist to believe that a violation of sections 609.561 to 
 609.576, has occurred, or to determine compliance with the 
 Uniform Fire Code or corrective orders issued thereunder, the 
 state fire marshal and the staff designated by the state fire 
 marshal shall have the power in any county of the state to 
 summon and compel the attendance of witnesses to testify before 
 the state fire marshal, chief assistant fire marshal, or deputy 
 state fire marshals, and may require the production of any book, 
 paper, or document deemed pertinent.  The state fire marshal may 
 also designate certain individuals from fire departments in 
 cities of the first class and cities of the second class as 
 having the powers set forth in this paragraph.  These designated 
 individuals may only exercise their powers in a manner 
 prescribed by the state fire marshal.  "Fire department" has the 
 meaning given in section 299F.092, subdivision 6.  "Cities of 
 the first class" and "cities of the second class" have the 
 meanings given in section 410.01.  

    (b) A summons issued under this subdivision shall be served 
 in the same manner and have the same effect as subpoenas from 
 district courts.  All witnesses shall receive the same 
 compensation as is paid to witnesses in district courts, which 
 shall be paid out of the fire marshal fund upon vouchers signed 
 by the state fire marshal, chief assistant fire marshal, or 
 deputy fire marshal before whom any witnesses shall have 
 attended and this officer shall, at the close of the 
 investigation wherein the witness was subpoenaed, certify to the 
 attendance and mileage of the witness, which certificate shall 
 be filed in the Office of the State Fire Marshal.  All 
 investigations held by or under the direction of the state fire 
 marshal, or any subordinate, may in the state fire marshal's 
 discretion be private and persons other than those required to 
 be present by the provisions of this chapter may be excluded 
 from the place where the investigation is held, and witnesses 
 may be kept separate and apart from each other and not allowed 
 to communicate with each other until they have been examined. 

    Subd. 2.    Oath administered.  The state fire marshal, 
 chief assistant state fire marshal, and deputy state fire 
 marshals are each hereby authorized and empowered to administer 
 oaths and affirmations to any persons appearing as witnesses 
 before them; and false swearing in any matter or proceeding 
 aforesaid shall be deemed perjury and punished as such. 

    Subd. 3.    Penalty for refusal to testify or produce 
 evidence.  Any witness who refuses to be sworn, or who refuses 
 to testify, or who disobeys any lawful order of the state fire 
 marshal, chief assistant fire marshal, or deputy state fire 
 marshal in relation to the investigation, or who fails or 
 refuses to produce any paper, book, or document touching any 
 matter under examination, or who is guilty of any contemptuous 
 conduct, after being summoned to appear before them to give 
 testimony in relation to any matter or subject under examination 
 or investigation may be punished by any district court in the 
 same manner as if the proceedings were pending in that court, 
 subject to the provisions of section 588.01. 

    HIST: (5957) 1913 c 564 s 8; 1978 c 777 s 6; 1986 c 444; 1997 
 c 239 art 8 s 22,23