11.11.03.07

.07 Request for Subpoenas.

A. A request for the issuance of a subpoena to require the attendance of witnesses or the production of documents shall be in writing and shall contain:

(1) The name and complete mailing address of the licensee;

(2) The driver's license number of the licensee;

(3) The date of the scheduled hearing, if known;

(4) The name, address, and telephone number of the attorney, if applicable;

(5) A proffer of the expected testimony or evidence and its relevance to the proceeding; and

(6) The name and address of the requested witness.

B. The decision to issue a subpoena shall be in the discretion of the Administration.

C. A request may be refused if the testimony or evidence to be offered:

(1) Is immaterial, irrelevant, or unduly repetitious; or

(2) Does not pertain to a genuine issue in the contested case.

D. If a subpoena request is made, the Administration may defer the decision on the request until the hearing is held. The administrative law judge may take testimony and receive evidence to determine if the request may be granted pursuant to §C of this regulation. The administrative law judge may entertain a proffer from the licensee or the licensee's attorney as to the nature of the witness' testimony. If the administrative law judge decides to issue a subpoena for a witness, the administrative law judge shall continue the hearing and stay the suspension. The Administration may reschedule the hearing at a location most convenient for the witness.

E. A party, other than the Administration, requesting the issuance of a subpoena, shall pay the Administration a fee of $4 for each subpoena issued.