21 MAC Pt. 201, R. 6.7
; Subpoenas
Cite as 21 Miss. Admin. Code Pt. 201, R. 6.7
; Subpoenas. Pursuant to the commission’s authority granted in Section 25-4-19, Miss.
Code of 1972, the hearing officer shall issue subpoenas, including subpoenas duces tecum, upon
the request of a party, in accordance with these rules. Subpoenas may be issued 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 shall be submitted to the hearing officer for issuance 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 hearing officer. All subpoenas issued shall be filed with the commission.
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 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.
Unless the witness agrees otherwise, a subpoena issued for the purposes provided in this rule
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. Proof of service shall
be filed with the commission.