Issuance of Subpoenas

(1) Any party may request the arbitrator to issue a subpoena to compel the attendance of witnesses or the production of documents. A request for a subpoena shall be allowed unless it is overbroad, oppressive, or otherwise legally defective, or is submitted to the arbitrator less than five days before the hearing date. The party requesting the subpoena shall be responsible for service of the subpoena. (2) (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 arbitrator, or, if no arbitrator has been assigned, 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 arbitrator or the Director, if no arbitrator has been assigned, shall rule upon the motion. Prior to such ruling, an investigation may be conducted. The Director may defer ruling on the motion pending designation of an arbitrator. (3) 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 23.00 shall prohibit the party at whose request the subpoena was issued from seeking enforcement of the subpoena in court.