Enforcement of Summons

(1) Motions to Quash. Any person, private organization or public body summonsed to produce books and records pursuant to 123 CMR 2.06(1)(a) or any person summonsed to attend and testify or attend, testify and produce books and records pursuant to 123 CMR 2.06(2)(a) may object to the summons, in advance of its return date, by the filing of a motion to quash in the Superior Court for Suffolk County. The filing of a motion to quash shall stay all proceedings before the Office of the Veteran Advocate with respect to the pending summons until further order of the Superior Court. (2) Motions for Enforcement. If any person, private organization, or public body refuses or fails to comply with a summons issued by the Veteran Advocate pursuant to 123 CMR 2.06(1)(a) or (2)(a), or fails to answer questions asked at a private session convened pursuant to a summons issued under 123 CMR 2.06(2)(a), the Veteran Advocate mayapply to any justice of the Superior Court for an order compelling the attendance of the witness and the giving of testimony under oath or affirmation at a private session or the production of items, books and records. (3) Contempt. As provided by M.G.L. c. 12A, § 9 and St. 1980, c. 388, § 2, failure to obey any order of the Superior Court with respect to any summons issued by the Office of Veteran Advocate may be punished by the court as contempt. (4) In Camera Hearings. If a justice of the court compels any witness to answer before the court any questions previously put to the witness in a private session, the Veteran Advocate shall apply to such justice for an order that the public be excluded from such sitting of the court and that all related books, records or other papers and reproductions thereof be impounded.