(35 ILCS 130/7) (from Ch. 120, par. 453.7)
Sec. 7.
The Department or any officer or employee of the Department
designated, in writing, by the Director thereof, shall at its or his or
her own instance, or on the written request of any distributor, secondary distributor, retailer, manufacturer with authority to maintain manufacturer representatives, or other interested
party to the proceeding, issue subpoenas requiring the attendance of and
the giving of testimony by witnesses, and subpoenas duces tecum requiring
the production of books, papers, records or memoranda. All subpoenas and
subpoenas duces tecum issued under the terms of this Act may be served by
any person of full age. The fees of witnesses for attendance and travel
shall be the same as the fees of witnesses before the circuit court of this
State; such fees to be paid when the witness is excused from further
attendance. When the witness is subpoenaed at the instance of the
Department or any officer or employee thereof, such fees shall be paid in
the same manner as other expenses of the Department, and when the witness
is subpoenaed at the instance of any other party to any such proceeding,
the cost of service of the subpoena or subpoena duces tecum and the fee of
the witness shall be borne by the party at whose instance the witness is
summoned. In such case the Department, in its discretion, may require a
deposit to cover the cost of such service and witness fees. A subpoena or
subpoena duces tecum so issued shall be served in the same manner as a subpoena
or subpoena duces tecum issued out of a court.
Any circuit court of this State, upon the
application of the Department or any officer or employee thereof, or upon
the application of any other party to the proceeding, may, in its
discretion, compel the attendance of witnesses, the production of books,
papers, records or memoranda and the giving of testimony before the
Department or any officer or employee thereof conducting an investigation
or holding a hearing authorized by this Act, 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 or employee thereof, or any other party in
an investigation or hearing before the Department, may cause the
depositions of witnesses within the State to be taken in the manner
prescribed by law for like depositions, or depositions for discovery in
civil actions in courts of this State, and to that end compel the
attendance of witnesses and the production of books, papers, records or
memoranda, in the same manner hereinbefore provided.
(Source: P.A. 97-587, eff. 8-26-11; 98-1055, eff. 1-1-16.)
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