Subpoenas

Subpoenas. (a) The hearing examiner shall issue subpoenas, including subpoenas duces tecum, upon the request of a party, in accordance with this Section. (b) Subpoenas may be issued only for the following purposes: 1. To compel a non-party witness to appear and give oral testimony at a deposition as provided by Rule 2.9 of this regulation; or 2. To compel any person to appear at the hearing on the merits of the case, to give testimony, or to produce documents or other tangible things. (c) Subpoenas shall be submitted to the hearing examiner for issuance on a form approved by the Commission. Concurrently with the submission of the subpoena to the hearing examiner, the requesting party shall serve a copy on all of the parties to the proceeding and shall file proof of such service with the hearing examiner. (d) Subpoenas will not be issued in blank. A subpoena submitted for issuance must contain the title and number of the case, the name of the person to whom it will be directed, the date, time and place of hearing or deposition, and the name and signature of the requesting party or his attorney. A subpoena duces tecum must, in addition, contain a complete description of specific documents or other tangible things that the witness will be required to produce at the hearing. (e) Unless the witness agrees otherwise, a subpoena issued for the purposes provided by subsection (b)(2) must be served by the requesting party at least ten (10) calendar days prior to the hearing. A subpoena will be issued during the hearing or on less than ten (10) days notice only upon order of the hearing examiner for reasonable cause shown by the requesting party. (Adopted: 09/25/1991.)