21 MAC Pt. 201, R. 4.5
; Subpoenas requested by parties
Cite as 21 Miss. Admin. Code Pt. 201, R. 4.5
; Subpoenas requested by parties. The hearing officer shall have the power to issue
subpoenas for testimony or documents. Subpoenas may be issued to parties upon request, but
only for the following purposes:
(A)
To compel a non-party witness to appear and give oral testimony at any hearing
scheduled under these regulations; or
(B)
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.
Subpoenas requested by a party shall be submitted to the hearing officer on a form approved by
the Commission. Concurrently with the submission of the subpoena to the hearing officer, the
requesting party shall serve a copy on all of the parties to the proceeding and shall file proof of
such service with the Commission and the hearing officer.
Subpoenas shall 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, 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.
Unless the witness agrees otherwise, a subpoena issued for the purposes provided in these rules
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 officer for reasonable cause shown by the requesting party.