§ 44-20-46. Witnesses before tax administrator.
(a) The tax administrator and any agent of the tax administrator authorized to conduct any inquiry, investigation, or hearing under this chapter has power to administer oaths and take testimony under oath relative to the matter of inquiry or investigation. At any hearing ordered by the tax administrator, the tax administrator or his or her agent may subpoena witnesses and require the production of books, papers, and documents pertinent to the inquiry. No witness under subpoena authorized to be issued by the provisions of this chapter is excused from testifying or from producing books or papers on the ground that the testimony or the production of the books or other documentary evidence would tend to incriminate the witness, but the testimony or the evidence of the books or papers so produced shall not be used in any criminal proceedings against the witness.
(b) If any person disobeys this process or, having appeared in obedience to it, refuses to answer any pertinent question put to the person by the tax administrator or his or her authorized agent or to produce any books and papers pursuant to the process, the tax administrator or the agent may apply to the sixth (6th) division of the district court, stating the disobedience to process or refusal to answer, and the court shall cite the person to appear before the court to answer that question or to produce those books and papers, and, upon his or her refusal so to do, shall commit the person to the adult correctional institutions, for a period not to exceed sixty (60) days. Notwithstanding the serving of the term of this commitment by any person, the tax administrator may proceed in all respects with this inquiry and examination as if the witness had not previously been called upon to testify.
(c) Officers who serve subpoenas issued by the tax administrator or under his or her authority and witnesses subpoenaed by the tax administrator under this section shall receive fees and compensation at the same rates as officers and witnesses in the district courts of the state, to be paid from the proper appropriation for the administration of this chapter.
(d) A party aggrieved by an order of the court may appeal the order to the supreme court in accordance with the procedures contained in the rules of appellate procedure of the supreme court.
History of Section.P.L. 1939, ch. 663, § 26; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 44-20-46; P.L. 1976, ch. 140, § 28.
Structure Rhode Island General Laws
Chapter 44-20 - Cigarette and Other Tobacco Products Tax
Section 44-20-1. - Definitions.
Section 44-20-2. - Importer, distributor, and dealer licenses required — Licenses required.
Section 44-20-3. - Penalties for unlicensed business.
Section 44-20-4. - Application for license — Display.
Section 44-20-4.1. - License availability.
Section 44-20-5. - Duration of importer’s and dealer’s licenses — Renewal.
Section 44-20-6. - Expiration and renewal of distributors’ licenses.
Section 44-20-7. - Vending machine markers.
Section 44-20-8. - Suspension or revocation of license.
Section 44-20-8.1. - Maintenance and publication of list of licenses.
Section 44-20-9 - — 44-20-11. Repealed.
Section 44-20-12. - Tax imposed on cigarettes sold.
Section 44-20-12.1. - Floor stock tax on cigarettes and stamps.
Section 44-20-12.2. - Prohibited acts — Penalty.
Section 44-20-12.3. - Floor stock tax on cigarettes and stamps.
Section 44-20-12.4. - Floor stock tax on cigarettes and stamps.
Section 44-20-12.5. - Floor stock tax on cigarettes and stamps.
Section 44-20-12.6. - Floor stock tax on cigarettes and stamps.
Section 44-20-13. - Tax imposed on unstamped cigarettes.
Section 44-20-13.1. - Repealed.
Section 44-20-13.3, 44-20-13.4. - Repealed.
Section 44-20-13.5. - Violations as to reports and records.
Section 44-20-14. - Return and payment of use tax.
Section 44-20-16. - Exemptions from use tax.
Section 44-20-16.1. - Repealed.
Section 44-20-17. - Penalty for use tax violations.
Section 44-20-18. - Securing stamps.
Section 44-20-19. - Sales of stamps to distributors.
Section 44-20-20. - Use of metering machine in lieu of stamps.
Section 44-20-21. - Transfer of stamps prohibited — Redemption of unused stamps.
Section 44-20-22. - Reimbursement for mutilated and other stamps — Claims.
Section 44-20-23. - Payment of tax by manufacturer or shipper outside state.
Section 44-20-24. - Affixing of stamps outside state by vending machine operator.
Section 44-20-25. - Bond of nonresident authorized to pay tax.
Section 44-20-26. - Agreement by nonresident to submit records — Attorney to receive process.
Section 44-20-28. - Stamping by distributors required.
Section 44-20-28.1. - Noncompliance with tobacco manufacturer’s escrow fund — Penalties.
Section 44-20-30. - Manner of affixing stamps.
Section 44-20-31. - Packages in which cigarettes sold — Sample packages.
Section 44-20-32. - Cancellation of used stamps.
Section 44-20-33. - Sale of contraband cigarettes or contraband other tobacco products prohibited.
Section 44-20-33.1. - Transportation of unstamped cigarettes.
Section 44-20-34. - Display of stamps in vending machines.
Section 44-20-36. - Possession of unstamped cigarettes.
Section 44-20-37. - Seizure and destruction of unstamped cigarettes.
Section 44-20-38. - Hearing on cigarettes seized.
Section 44-20-40. - Records — Investigation and inspection of books, premises and stock.
Section 44-20-40.1. - Inspections.
Section 44-20-41. - Monthly reports of distributors and dealers.
Section 44-20-42. - Reports and records of carriers, bailees and warehouse persons.
Section 44-20-43. - Violations as to reports and records.
Section 44-20-44. - Declarations under penalty of perjury.
Section 44-20-46. - Witnesses before tax administrator.
Section 44-20-47. - Hearings by tax administrator.
Section 44-20-48. - Appeal to district court.
Section 44-20-49. - Disposition of revenue — Payment of refunds.
Section 44-20-50. - Administration — Forms — Rules and regulations.
Section 44-20-51. - Penalty for violations generally.
Section 44-20-51.1. - Civil penalties.
Section 44-20-51.2. - Criminal penalty for fraudulent offenses.
Section 44-20-51.3. - Counterfeit cigarettes.
Section 44-20-52. - Exercise of powers and duties.
Section 44-20-53. - Direct tax on consumer.
Section 44-20-54. - Taxes and fees as debt to state.