                                 CODE OF VIRGINIA

AUTHORITY TO ADMINISTER OATHS, CONDUCT HEARINGS; OBTAINING RELEVANT DOCUMENTS
AND OTHER INFORMATION (§ 32.1-324.1)

A. The Director of the Department of Medical Assistance Services or his designee
is authorized in the exercise and performance of official functions, duties, and
powers under the provisions of this title to hold and conduct hearings, to
administer oaths, and to take testimony under oath. The Director is authorized
to make an ex parte application to the Circuit Court for the City of Richmond
for the issuance of a subpoena, in furtherance of any investigation within the
jurisdiction of the Department, to request the attendance of witnesses and the
production of any relevant records, memoranda, papers, and other documents. The
Court is authorized to issue and compel compliance with such subpoena upon a
showing of good cause. The Court, upon determining that good cause exists to
believe that evidence may be destroyed or altered, may issue a subpoena
requiring the production of evidence forthwith.

B. In accordance with federal and state law, the Director or his designee shall
conduct hearings on determinations of eligibility or continued eligibility of
applicants or recipients for services under the state plan for medical
assistance. In addition to the authority conferred upon the Director by
subsection A of this section, the Director or his designee, in connection with
any such proceedings, may issue subpoenas requiring the attendance of witnesses
and the production of records, memoranda, papers, and other documents.

C. Failure or refusal to comply with a subpoena issued pursuant to subsection B
of this section shall be punishable as a Class 4 misdemeanor.

HISTORY: 1986, c. 440; 1990, c. 383.