02.01.02.12

.12 Hearing Subpoenas.

A. Issuance of Hearing Subpoenas. On the request of a party in hearings before the Chief, or at the direction of the Chief, the Agency may issue subpoenas requiring the attendance and testimony of witnesses and the production at the hearing of any tangible items in the possession or under the control of the witness.

B. Requests for Hearing Subpoenas.

(1) A party requesting a subpoena shall make the request, in writing, to the Agency.

(2) Unless cause is shown, a party shall file subpoena requests with the Agency at least 10 calendar days before the hearing.

(3) A request for a subpoena shall specify the:

(a) Name and full address of the person to be subpoenaed; and

(b) Name, full address, and telephone number of the party requesting the subpoena.

(4) A party requesting a subpoena for the production of tangible items, books, papers, or other documents shall describe those items with particularity.

(5) A party need not serve a subpoena request on all parties.

C. Service of Hearing Subpoenas. The party requesting the subpoena shall be responsible for serving the subpoena by:

(1) Personal delivery by an individual 18 years old or older who is not a party to the proceeding;

(2) Certified mail, return receipt requested, to the person at the address specified in the subpoena request;

(3) Regular mail, if the subpoena is to a party; or

(4) Any other method of service authorized by the Agency.

D. Affidavit of Service. The person requesting the subpoena shall file an Affidavit with the Agency showing the date and manner of making service.

E. Objections to Hearing Subpoenas. A person may object to a subpoena by filing a motion to quash or for other relief.

F. Failure to Comply with Hearing Subpoenas. Upon a timely request by a party to the proceeding, the Agency may:

(1) Seek an order from a circuit court to obtain compliance with the subpoena;

(2) Enter an order imposing sanctions, including default, upon a party who fails to comply with a subpoena; and

(3) Grant any other appropriate relief.