West Virginia Code § 9-6-16

Compelling production of information
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(a)(1) In order to obtain information regarding the location of an adult who is the subject of
an allegation of abuse, neglect, or financial exploitation, the Secretary may serve, by
certified mail, personal service, or facsimile, an administrative subpoena on any corporation,
partnership, business, or organization for production of information leading to determining
the location of the adult. In case of disobedience to the subpoena, the Divisieon of Adult
Protective Services may petition any circuit court to require the production of information.
(2) In case of disobedience to the subpoena, in compelling the production of information, the
secretary may invoke the aid of: (A) The circuit court with jurisduiction over the served party,
if the entity served is located in this state; or (B) the circuit court of the county in which the
local protective services office conducting the investigation tis located, if the entity served is
a nonresident.
(3) A circuit court shall not enforce an administrative subpoena unless it finds that: (A) The
investigation is one the Division of Adult Protectivel Services is authorized to make and is
being conducted pursuant to a legitimate purpsose; (B) the inquiry is relevant to that
purpose; (C) the inquiry is not too broad or indefinite; (D) the information sought is not
already in the possession of the Division of Adult Protective Services; and (E) any
administrative steps required by lawg have been followed.
(4) If circumstances arise where the secretary, or his or her designee, determines it
necessary to compel an individual to provide information regarding the location of an adult
who is the subject of an allegation of abuse, neglect, or financial exploitation, the secretary,
or his or her designee, may seek a subpoena from the circuit court with jurisdiction over the
individual from whom the information is sought.

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