Subpoenas

(1) Any party to a proceeding under 456 CMR 13.00 may request the issuance of a subpoena to compel the attendance of witnesses or the production of books, records, documents or correspondence. (2) The party requesting a subpoena shall submit a written request to the designated hearing officer or, if no hearing officer has been assigned or is unavailable, to the Director. The request shall be submitted on a form authorized by the Department and shall include: (a) Department case number and caption of the proceeding; (b) Name, address and telephone number of the party requesting the subpoena; (c) Date, time and location of the proceeding; (d) Name and address of the witness whose testimony is sought; and (e) A specific description of the books, records, correspondence or documents sought. (3) The hearing officer or the Director shall be authorized to grant or deny requests for subpoenas and shall be authorized to affix the seal of the Department. A request for issuance of a subpoena shall be denied only if such request fails to comply with 456 CMR 13.14(2) or if the request is overbroad, oppressive or otherwise legally defective, or is submitted to the Department less than five days prior to the hearing date. (4) The party requesting the subpoena shall be responsible for service of the subpoena and shall assume all costs of service, witness fees and mileage. Subpoenas shall be served in person by a disinterested person or by certified or registered mail. Witnesses shall be paid the same fees for attendance and travel as in civil cases in the courts of the Commonwealth and such fees shall be paid at the time of service. (5) (a) At or prior to the time at which the subpoena compels attendance, but not later than five days after service of the subpoena, any witness under subpoena may file a motion for revocation or modification of any subpoena by submitting a written motion to the designated hearing officer, or, if no hearing officer has been designated, to the Director. The motion shall include a statement of the grounds for revocation or modification of the subpoena. (b) Upon receipt of a motion for revocation or modification of a subpoena, the hearing officer or the Director shall rule upon the motion. Prior to such ruling, an investigation, pursuant to the provisions of M.G.L. c. 30A, § 12(4) shall be conducted. The Director may defer ruling on the motion pending designation of a hearing officer. (6) In the event of the failure of a witness to comply with a subpoena, the Department may initiate proceedings in Superior Court to compel compliance, or may decline to initiate such proceedings. If the Department declines both to quash the subpoena and to initiate proceedings in court, nothing in 456 CMR 13.00 shall prohibit the party at whose request the subpoena was issued from seeking enforcement of the subpoena in court pursuant to M.G.L. c. 30A, § 12(5).