Code of Massachusetts Regulations
945 CMR - OFFICE OF THE INSPECTOR GENERAL
Title 945 CMR 1.00 - Rules Of Procedure
Section 1.07 - Enforcement of Summons

Universal Citation: 945 MA Code of Regs 945.1

Current through Register 1531, September 27, 2024

(1) Motions to Quash Any person, private organization or public body summonsed to produce books and records pursuant to 945 CMR 1.06(1)(a) or any person summonsed to attend and testify or attend, testify and produce books and records pursuant to 945 CMR 1.06(2)(a) may object to the summons, in advance of its return date, by the filing of a motion to quash in the Superior Court for Suffolk County. The filing of a motion to quash shall stay all proceedings before the Office of the Inspector General with respect to the pending summons until further order of the Superior Court.

(2) Motions for Enforcement If any person, private organization, or public body refuses or fails to comply with a summons issued by the Inspector General pursuant to 945 CMR 1.06(1)(a) or (2)(a), or fails to answer questions asked at a private session convened pursuant to a summons issued under 945 CMR 1.06(2)(a), the Inspector General may apply to any justice of the Superior Court for an order compelling the attendance of the witness and the giving of testimony under oath or affirmation at a private session or the production of books and records.

(3) Contempt As provided by M.G.L. c. 12A, § 9 and St. 1980, c. 388, s 2, failure to obey any order of the Superior Court with respect to any summons issued by the Office of Inspector General may be punished by the court as contempt.

(4) In Camera Hearings If ajustice of the court compels any witness to answer before the court any questions previously put to the witness in a private session, the Inspector General shall apply to such justice for an order that the public be excluded from such sitting of the court and that all related books, records or other papers and reproductions thereof be impounded.

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