Issuing a subpoena. After the referral of a complaint to the commission, a complainant
or a respondent may request that the presiding commissioner of the hearing committee
or hearing examiner issue subpoenas requiring the presence of witnesses or the production
for examination of books or papers not privileged and relevant to any matter in question
at the hearing. The city attorney may apply to the district court to punish a person
who disobeys a subpoena in like manner as a contempt proceeding is initiated in the
district courts of this state.
(2)
It is not a violation of rights conferred by Minn. Statute Chapter 13, or any other statute related to the confidentiality of government data, for a city
department or independent board or agency to provide data or information under a subpoena
issued by the presiding commissioner of a hearing committee or a hearing examiner
under this section.
(3)
A subpoena issued under this section must be served personally or by mailing a copy
of the subpoena, by first class mail, to the person to be served. A subpoena served
by mail must include two (2) copies of a notice and acknowledgment of service and
a return envelope, addressed to the hearing examiner, the presiding commissioner of
the hearing committee, or a designated person. If acknowledgment of service is not
received by the hearing examiner, the presiding commissioner of the hearing committee,
or the designated person, as applicable, within twenty (20) days, service is not effective.
Unless good cause is shown for not doing so, a court or administrative law judge shall
order the payment of the costs of personal service by the person served if the person
does not complete and return the notice and acknowledgment of receipt of the subpoena
within the time allowed.
(r)