§ 22-77. Investigations or post-mortem exams; issuance of subpoenas; administration of oaths; hearings.

(a)

The Medical Examiner of Fulton County or any assistant medical examiner of said county shall have the power to summon and compel the attendance of witnesses to testify in relation to any investigation or post-mortem examination which the medical examiner is authorized to conduct pursuant to the laws of this state and to issue subpoenas for the production of evidence, including but not limited to books, papers, documents, or tangible things which are material and relevant to such investigation or examination. The Medical Examiner of Fulton County or said officer's designee shall have the authority to administer oaths to any person who appears at any hearing conducted pursuant to any such investigation or examination.

(b)

Should any person fail to comply with any subpoena issued pursuant to the authority of this section, the Medical Examiner of Fulton County may apply to the Superior Court of Fulton County for an order requiring such person to comply with such subpoena. In any such proceeding, the county attorney or the district attorney of the Atlanta Judicial Circuit may bring the action on behalf of the medical examiner.

(c)

Any hearing conducted by the Medical Examiner of Fulton County pursuant to the authority of this section shall be conducted in accordance with the provisions of O.C.G.A. tit. 50, ch. 13 (O.C.G.A. § 50-13-1 et seq.), known as the "Georgia Administrative Procedure Act," except as otherwise provided in this section.

(d)

In any investigation or post-mortem examination in which the Medical Examiner of Fulton County has made a preliminary determination that there is reason to believe that the person died as a result of the commission of a crime, any hearings related to such investigation or examination shall not be subject to the provisions of O.C.G.A. tit. 50, ch. 14 (O.C.G.A. § 50-14-1 et seq.), relating to the conduct of meetings by public agencies, and any records related to such investigation or examination shall not be subject to O.C.G.A. tit. 50, ch. 18, art. 4 (O.C.G.A. § 50-18-70 et seq.), relating to inspection of public records, until such time as the case has been closed or 25 years, whichever is earlier. In any investigation conducted pursuant to this section, any findings of fact by the Medical Examiner of Fulton County shall be binding in any subsequent civil action on any person who was a party to the proceeding.

(1988 Ga. Laws (Act No. 1121), page 4869, § 1(5A))