In any contested administrative hearing under this part, no person shall be excused from attending and testifying, or from producing books, papers, and records before the administrative law judge, or from obedience to the subpoena of the administrative law judge, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required by him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture, provided that nothing contained in this Code section shall be construed as requiring any person to produce any books, papers, or records, or to testify in response to any inquiry, not pertinent to a question lawfully before the administrative law judge for determination. No evidence given by or required of any natural person shall be used or admitted against such a person in any criminal prosecution for any transaction, matter, or thing concerning which he or she may be required to testify or produce evidence, documentary or otherwise, before the administrative law judge in obedience to the subpoena; provided, however, that no person testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.
History. Ga. L. 1945, p. 366, § 13; Ga. L. 1975, p. 966, § 12; Ga. L. 1976, p. 544, § 9; Ga. L. 1984, p. 398, § 8; Ga. L. 2018, p. 953, § 1/HB 205; Ga. L. 2019, p. 1056, § 12/SB 52.
The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, substituted “obedience to the subpoena” for “obedience to its subpoena” in the last sentence.
Structure Georgia Code
Title 12 - Conservation and Natural Resources
Chapter 4 - Mineral Resources and Caves
Article 2 - Mining and Drilling
Part 2 - Deep Drilling for Oil, Gas, and Other Minerals
§ 12-4-41. Legislative Findings and Declaration of Policy
§ 12-4-43. Powers of Board as to Deep Drilling
§ 12-4-44. Authority to Adopt and Promulgate Rules and Regulations
§ 12-4-47. Bonds or Undertaking by Persons Conducting Drilling Operations
§ 12-4-49. Applicability of Chapter 13 of Title 50, the “Georgia Administrative Procedure act.”
§ 12-4-51. Effect of Part on Other Laws
§ 12-4-52. Effect of Part on Authority and Functions of Other State Officers and Agencies