09.01.02.12

.12 Subpoenas.

A. On request of a party to a proceeding, an administrative unit shall issue a subpoena requiring the attendance and testimony of a witness and, if requested, the production at the hearing of relevant documents and tangible items in the possession or under the control of the witness.

B. A request for the issuance of a subpoena shall be made in writing to the administrative unit not later than 10 days before the scheduled hearing date.

C. If a request for issuance of a subpoena is received by the administrative unit less than 15 days before the scheduled hearing date, the requesting party shall be responsible for service of the subpoena.

D. A request for a subpoena shall specify:

(1) The full name and address of the person to be subpoenaed;

(2) The full name, address, and telephone number of the party requesting the subpoena;

(3) The caption of the action for which a subpoena is requested;

(4) The date, time, and place of the hearing for which the subpoenaed person is to appear; and

(5) For a subpoena for the production of documents, a description of tangible items, books, papers, or other documents.

E. A subpoena request need not be served on all parties.

F. Subpoenas may be served by:

(1) Certified mail to the person at the address specified in the subpoena request; or

(2) Personal delivery by an individual who is:

(a) 18 years old or older; and

(b) Not a party to the proceeding.

G. Return of service of subpoena shall be made by:

(1) Affidavit, if personally delivered; or

(2) Return receipt, if mailed.

H. A person may object to a subpoena by filing with the administrative unit, before the time specified in the subpoena for compliance, a motion to quash or for other appropriate relief.

I. If a person fails to comply with a properly served subpoena, the party requesting the subpoena may apply to the appropriate circuit court for relief.