Effective - 28 Aug 2011
361.096. Board may subpoena witnesses at hearings — oaths — enforcement of subpoena or testimony. — 1. At any hearing provided for in section 361.094, the state banking and savings and loan board, or any member thereof, shall have power to administer oaths.
2. In connection with any such hearing, the board, or any member thereof, shall issue subpoenas and subpoenas duces tecum on the board's own motion or at the request of any intervenor or other party, which subpoenas or subpoenas duces tecum shall extend to all parts of the state and shall be signed by the secretary of the board or by any other member thereof. The board shall have power, on motion after due notice, for good cause to quash or modify any subpoena or subpoena duces tecum on the grounds that the same is unduly burdensome, unreasonable or oppressive. Subpoenas and subpoenas duces tecum may be served as in the case of subpoenas in civil actions in the circuit court and each witness who shall appear before the board in obedience to a subpoena or subpoena duces tecum shall receive for his attendance the fees and mileage provided for witnesses in civil actions in the circuit court, which shall be paid by the party at whose instance such subpoena or subpoena duces tecum was issued. In case of refusal of a witness to obey any such subpoena or subpoena duces tecum, or to testify when lawfully required to do so, the board may apply to a judge of the circuit court of the county of the hearing or of any county where the witness resides or may be found, for an order upon such witness to show cause why such subpoena or subpoena duces tecum should not be enforced, or the witness required to give such testimony, which said order and a copy of the application therefor shall be served upon the witness in the same manner as a summons in a civil action, and if said circuit court shall, after a hearing, determine that the subpoena or subpoena duces tecum should be sustained and enforced, or that the witness should be required to give such testimony, said court shall make an order to enforce such subpoena or subpoena duces tecum, or compel such testimony and may enforce such order as in the case of a subpoena or subpoena duces tecum, or refusal to testify, in a civil action in the circuit court.
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(L. 1955 p. 263 § 6, A.L. 2011 H.B. 464)
Structure Missouri Revised Statutes
Title XXIV - Business and Financial Institutions
Chapter 361 - Division of Finance and Powers of Director of Finance
Section 361.005 - Definitions, chapters 361, 362, and 369.
Section 361.010 - Division of finance created — location of office — transfer of division.
Section 361.020 - Powers of division.
Section 361.030 - Seal — recording of documents.
Section 361.040 - Director — appointment — term of office.
Section 361.050 - Director — qualifications.
Section 361.060 - Deputy director — appointment — qualifications — duties.
Section 361.080 - Confidential information — exceptions — penalty for disclosure.
Section 361.090 - Compensation and travel expenses, how paid.
Section 361.092 - State banking and savings and loan board created.
Section 361.093 - Board to advise and recommend.
Section 361.094 - Board to determine appeals — procedure — hearing officer authorized.
Section 361.095 - Procedure on appeals — costs — parties — judicial review.
Section 361.097 - Board members, appointment, qualifications, terms.
Section 361.098 - Board members, compensation — quorum of board — meetings — seal.
Section 361.100 - Deposits in state treasury.
Section 361.110 - Report of work of division, contents — retention of statements.
Section 361.120 - Preservation of records — report to governor — destruction of records, when.
Section 361.130 - Reports to director — information accepted in lieu of reports.
Section 361.150 - Acceptance of gifts or favors prohibited.
Section 361.160 - Examination of banks and trust companies.
Section 361.180 - False report of corporation solvency.
Section 361.190 - Claims entitled to priority, liquidation or insolvency.
Section 361.220 - Index of persons entitled to unclaimed sums — payment to persons entitled.
Section 361.230 - Branch offices — approval — certificate.
Section 361.240 - Director's approval — discretion — filing — written waivers required.
Section 361.250 - Extensions of time by director.
Section 361.259 - Director's powers extend to out-of-state banks operating in Missouri.
Section 361.261 - Authority to issue orders — includes certain other powers.
Section 361.266 - Stay of suspension or prohibition, procedure.
Section 361.270 - Report to attorney general and action by him in certain cases.
Section 361.280 - Proceedings in name of director for violations of the provisions of this chapter.
Section 361.290 - Penalty for neglect of duty or misfeasance or malfeasance in office.
Section 361.300 - Director may take possession of property of corporation.
Section 361.310 - Information to prosecuting attorney.
Section 361.320 - Director may maintain action against officers, when.
Section 361.330 - Corporation not to make assignment — duty when in failing condition.
Section 361.340 - Circumstances under which possession by director may terminate.
Section 361.360 - Director's possession may be challenged, when.
Section 361.370 - Director may surrender possession for resumption or liquidation.
Section 361.380 - Surrender for liquidation.
Section 361.390 - Liquidation — special deputy may be appointed.
Section 361.400 - Director's assistant may be appointed as special deputy.
Section 361.410 - Expenses of liquidation, how paid.
Section 361.440 - Inventory of assets to be made and filed.
Section 361.480 - Director may borrow on assets of closed corporation.
Section 361.490 - Deposit of moneys collected — preference.
Section 361.510 - Notice to creditors to make proof of claims.
Section 361.520 - Director to list claims duly presented.
Section 361.530 - Objections to claims — procedure.
Section 361.540 - Claims approved or rejected — list of such claims.
Section 361.560 - Judgments recovered after director takes possession shall not be liens.
Section 361.570 - Dividends to creditors — priorities — disposition of unclaimed dividends.
Section 361.600 - Duties of director where stockholders elect another to liquidate.
Section 361.700 - Sale of checks law, how cited — definitions.
Section 361.718 - Reserve required — director may demand proof, when.
Section 361.720 - Licensee may conduct business through unlicensed agents and employees.
Section 361.723 - Annual report filed with director, content.
Section 361.725 - Revocation or suspension of license — grounds — procedure.