(1) In case of contumacy by a person or refusal to obey a subpoena issued to a person, a court of this State or judge of this State within the jurisdiction of which the person guilty of contumacy or refusal to obey is found, resides, or transacts business, upon application by the department or a duly authorized representative may issue to him an order requiring him to appear before the department or a duly authorized representative of the department to produce evidence if ordered to do so or to give testimony touching the matter under investigation or in question. Failure to obey an order of the court may be punished as a contempt of the order.
(2) A person who, without just cause, fails or refuses to attend and testify; to answer a lawful inquiry; or to produce books, papers, correspondence, memoranda and other records, if it is in his power to do this in accordance with a subpoena of the department or a duly authorized representative, must be punished by a fine of not less than twenty nor more than two hundred dollars or by imprisonment for not more than thirty days. Each failure to obey a subpoena constitutes a separate offense.
HISTORY: 1962 Code Section 68-71; 1952 Code Section 68-71; 1942 Code Section 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1966 (54) 2640; 2010 Act No. 146, Section 45, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for three occurrences of "Commission"; and made other nonsubstantive changes throughout this section.
Structure South Carolina Code of Laws
Title 41 - Labor and Employment
Chapter 29 - Employment And Workforce - Department Of Employment And Workforce
Section 41-29-25. Executive Director; discharge of duties.
Section 41-29-30. Repealed by 2010 Act No. 146, Section 123, eff March 30, 2010.
Section 41-29-35. Executive Director; appointment.
Section 41-29-40. Unemployment Compensation and Employment Service Divisions; directors.
Section 41-29-50. Appointment of advisory councils.
Section 41-29-60. Repealed by 2010 Act No. 146, Section 123, eff March 30, 2010.
Section 41-29-70. Employment of personnel.
Section 41-29-80. Classification of positions; salary schedules; personnel standards.
Section 41-29-90, 41-29-100. Repealed by 2010 Act No. 146, Section 123, eff March 30, 2010.
Section 41-29-110. Duties and powers of department.
Section 41-29-120. Employment stabilization; report requirements; joint electronic filing.
Section 41-29-130. Repealed by 2010 Act No. 146, Section 123, eff March 30, 2010.
Section 41-29-140. Reciprocal agreements.
Section 41-29-150. Records; inspection and copying; confidentiality; violation; penalties.
Section 41-29-160. Information generally confidential.
Section 41-29-170. Permitted disclosure of information.
Section 41-29-180. Reports to be kept to minimum.
Section 41-29-190. Witnesses, oaths, certifications, and production of books and the like.
Section 41-29-200. Self-incriminating testimony.
Section 41-29-210. Penalties for contumacy or failure to obey subpoena.
Section 41-29-220. Examination of returns or reports of national banks.
Section 41-29-230. State and federal cooperation.
Section 41-29-240. Cooperation with Railroad Retirement Board and other federal agencies.
Section 41-29-250. Publication of certain material; internet access.
Section 41-29-260. Repealed by 2010 Act No. 146, Section 123, eff March 30, 2010.
Section 41-29-270. Emergency unemployment compensation system.
Section 41-29-280. Annual reports.
Section 41-29-290. Recommendations as to change in contribution or benefit rates.
Section 41-29-310. Workforce Investment Act transferred to Department of Employment and Workforce.