1. (1) Except for a preliminary review described in Section 63A-15-602, for a proceeding authorized by this chapter, the commission may issue a subpoena to:

   1. (a) require the attendance of a witness;
   2. (b) direct the production of evidence; or
   3. (c) require both the attendance of a witness and the production of evidence.

2. (2) The commission shall issue a subpoena:

   1. (a) in accordance with Section 63A-15-405;
   2. (b) at the direction of the commission chair, if the chair determines that the testimony or evidence is relevant to the review of a complaint under Part 7, Commission Review of Ethics Violation; or
   3. (c) upon a vote of a majority of the commission members.
3. (3) If the commission issues a subpoena authorized under this section, the commission shall give a reasonable period of time for the person or entity to whom the subpoena is directed to petition a district court to quash or modify the subpoena before the time specified in the subpoena for compliance.

Renumbered and Amended by Chapter 461, 2018 General Session