Page:United States Statutes at Large Volume 45 Part 1.djvu/1003

 952 Notice or charges. Service by publica- tion. Vol. 41, p. 556. Vol . 31, p. 1206, Vol . 32, p . 523 . R eport of find ings and revocation. Suspension, if writ of error issued. Exceptions on a mat- ter of law. Review by Court of Ap peal s. Action of court. Record of architects repealed. Vol . 43, p. 717, repeal- ed . New section. Power of board to re- quire attendance, etc. Issue of subpoenas. Assistance of District supreme court. Punishment for con- tempt of court, on fail- ure to obey subpoenas, etc. SEVENTIETH CONGRESS. SEss. I. Cm 861. 1928. ten charges against the accused with the Board of Examiners and Registrars of Architects by the board itself or by any complainant. A copy of the charges together with a notice of the time and place of hearing shall be served on the accused at least thirty calendar days in advance of such hearing, which shall be postponed if neces- sary to give the requisite notice. Where personal service can not be made within the District of Columbia, service may be made by pub- lication or personal service in accordance with such rules as the board may adopt, fo llowi ng ge nera lly a nd in prin cipl e the prov i- sions of sections 105 as amended, 106, and 108 of the Code of Laws of the District of Columbia. At the hearing, the accused shall have the right to be represented by counsel, introduce evidence, and exam- ine and cross-examine witnesses. The secretary of the board is hereby empowered to administer oaths. The board shall make a written report of its findings, which report, with a transcript of the entire record of the proceedings shall be filed with the Commis- sioners of the District of Columbia, and, if the board's finding shall be adverse t o the acc used, his or her c ertificat e of regi stration shall stand revoked and annulled, at the expiration of thirty days from the filing of such report, unless within said period of thirty days a writ of error shall be issued as hereinafter provided, in which event sai d certifi cate shal l stand s uspended until the final de termina- tion of the Court of Appeals upon such writ of error. If an excep- tion is taken to any ruling o f the board on matter of law, the exception shall be reduced to writing and stated in the bill of excep- tions with so much of the evidence as may be material to the question or ques tions raised, and such b ill of except ions s hall b e sett led by the board and signed by the secretary within such time as the rules of the board may prescribe. Any party aggrieved by the decision of the said board may seek a review thereof in the Court of Appeals of the District of Columbia by petition under oath setting forth con- cisely but clearly and distinctly the nature of the proceeding before said board, the trial and determination thereof, and the particular ruling upon matter of law to which exception has been taken, said petition to be presented to any justice of the Court of Appeals within thirty days after the filing of the report of said board with the com- missioners, with such notice to the board as may be required by the rules of the Court of Appeals. If the justices shall be of the opinion that the action of the boar d ought t o be revi ewed, a w rit of er ror shall be issued from the Court of Appeals, within such time as may be prescribed by that court, a transcript of the record in the case sought to be reviewed, and the Court of Appeals shall review said record and aff irm, r everse, or m odify the ju dgment in acc ordanc e with law ." Section 29 of the said Act of December 13, 1924, is repealed . A new section, to be numbered section 29, is hereby enacted, as follows " The said board shall have power to require the attendance of per- sons and the production of books and papers and to require such pe rsons to testify i n any and all matt ers with in its ju risdictio n. The chairman and the secretary of the board shall have power to issue su bpoena s, and upon the fa ilure of any person to at tend a s a wi tness when duly subpoenaed or to produce documents when duly directed by said board, the board shall have power to refer the said matter to any justice of the Supreme Court of the District of Columbia, who may order the attendance of such witness or the production of such bo oks an d pape rs or requir e the said w itness to tes tify, as the case may be ; and upon the failure of the witness to attend, to testify, or to produce such books or papers, as the case may be, such witness may be punished for contempt of court as for failure to obey a sub- pcena issued or to testify in a case pending before said court ."

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