R17-1-509. Subpoena Issuance

A. In connection with an administrative hearing, an administra- tive law judge may issue a subpoena to compel the attendance of a witness or the production of documents or things. 1. A party or a party’s attorney requesting a subpoena shall file a written subpoena request, briefly stating the sub- stance of the evidence sought and why the evidence is necessary for the hearing. 2. An administrative law judge has discretion to issue or deny a subpoena based on the: a. Relevance of the evidence sought, b. Reasonable need for the evidence sought, and c. Timeliness of the request. B. A party or a party’s attorney requesting a subpoena shall: 1. Draft the subpoena in the correct format, including: a. The caption and docket number of the matter; b. A list of documents or things to be produced; c. The full name and address of: i. The custodian of the documents or things listed, or ii. The person ordered to appear; d. The time, date, and place to appear or to produce documents or things; and e. The name, address, and telephone number of the party or the party’s attorney requesting the sub- poena; 2. Obtain an administrative law judge’s signature on the subpoena, 3. Ensure service of the subpoena on the person named in the subpoena under subsection (C), and 4. Bear all subpoena-related costs. C. Unless otherwise provided by statute or administrative rule, a party or a party’s attorney requesting a subpoena shall have the subpoena served by a person who: 1. Is at least age 18 and is not a party to the administrative hearing; 2. Delivers, within Arizona, a copy of the subpoena to the person named in the subpoena; 3. If the subpoena requires the named person’s attendance at an administrative hearing, hands the named person the amount prescribed in A.R.S. § 12-303 as the witness fee for one day’s attendance and allowed mileage; and 4. Files with the Executive Hearing Office a proof of ser- vice, signed by the person who served the subpoena, cer- tifying: a. The date of service, b. The manner of service, and c. The name of the person served. D. A party or a person served with a subpoena who objects to the subpoena or a portion of the subpoena, may file an objection in writing with the Executive Hearing Office. The party or person served with the subpoena shall: 1. State in the objection the reasons for objecting; and 2. File the objection: a. Within five days after service of the subpoena; or b. If the subpoena is served less than five days before an administrative hearing, at the start of the hearing. E. An administrative law judge may quash or modify a subpoena if: 1. The subpoena is unreasonable or imposes an undue bur- den, or 2. The evidence sought may be obtained by another method. F. Unless otherwise provided by statute or administrative rule, a party or a party’s attorney requesting a subpoena or the Ari- zona Department of Transportation shall enforce the subpoena in the Superior Court of Arizona, in the county where the administrative hearing is held.