Rhode Island General Laws
R.I. Gen. Laws § 16-39-8 (2026)
Subpoena power of the department of elementary and secondary education
✓ current as of July 2026
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In any hearing conducted within the department of elementary and secondary education, the commissioner of elementary and secondary education or the hearing officer shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents or other material. Subpoenas shall also be issued by the commissioner or hearing officer at the request of any party participating in any hearing. If not complied with, subpoenas issued under this section shall be enforceable in a contempt action brought in the superior court of Providence County by the commissioner of elementary and secondary education or any party in interest.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2014–2026 · leading case: El Bebe Day Care Ctr., Inc. v. Rhode Island Dep't of Elementary & Secondary Educ., through its chair Patricia DiCenso, in her Off. capacity only (R.I. 2026).
El Bebe Day Care Ctr., Inc. v. Rhode Island Dep't of Elementary & Secondary Educ., through its chair Patricia DiCenso, in her Off. capacity only (R.I. 2026). “RIDE states that because the ARO could have awarded plaintiffs damages and, under §16-39-8, the ARO has the authority to issue subpoenas compelling the attendance of witnesses or the production of documents, plaintiffs’ argument that formal barriers barred their discrimination…”
David J. Alba v. Cranston Sch. Comm., 90 A.3d 174 (R.I. 2014). “Pursuant to G.L. 1956 § 16-39-8, the commissioner has the power to issue subpoenas to compel the production of documents for any hearing conducted within the Department of Elementary and Secondary Education.”
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