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Official Code of Georgia Annotated

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

12-4-50. Obedience to subpoena required; self-incrimination not a defense; use of evidence in criminal prosecutions.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. 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.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

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.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t12-(v10)-2021-pdf.pdf, Volume V10, 2021 edition, page 324; merge action: carried; file SHA-256 a1ca11f804f2.