Subpoenas and Record Requests

Subpoenas and Record Requests. A. Subpoenas. The Permit Board may subpoena and any party to the hearing may request subpoenas for appearance of witnesses who may have relevant knowledge and the same will be issued by the Executive Director of the Permit Board and served by any lawful officer in the county of the person to whom the subpoena will be directed. B. Procedure. Upon the written request of any party or his or her attorney, no later than seven days prior to the evidentiary hearing, the Executive Director of the Permit Board may issue subpoenas. In issuing subpoenas, the original and all copies must show at whose instance the subpoena is issued. All persons responding to process issued under this rule will be entitled to the same per diem and mileage as witnesses attending the Circuit Courts in Mississippi. Such costs are to be borne by the party at whose instance the process is issued. Requesting parties are responsible for service of subpoenas on the subpoenaed witnesses. C. Subpoenas Duces Tecum. Subpoenas duces tecum will be issued upon the written request of a party or his or her attorney, issued and served no later than 14 days prior to the evidentiary hearing, on parties or witnesses other than MDEQ and then only when the motion sets forth as plainly as possible the books, accounts, papers or records desired to be produced and the purpose of their production. Requests for MDEQ documents must be made through a public records request pursuant to 11 Miss. Admin. Code Pt. 1, Ch. 2. D. Motion to Quash Subpoenas and Subpoenas Duces Tecum. The Permit Board or the Hearing Officer may consider motions to quash subpoenas and subpoenas duces tecum, including such motion made by a non-party served with a subpoena or subpoena duces tecum. The Hearing Officer may schedule an expedited hearing or conference call to consider a motion to quash a subpoena or subpoena duces tecum. E. Protection of Confidential Information. A party may file a motion to quash a subpoena duces tecum which seeks information concerning trade secrets pursuant to Miss. Code Ann. §§ 17-17-27(6) or 49-17-39 if the party properly asserted confidentiality over that information as described in those statutes and in 11 Miss. Admin. Code Pt. 1, Ch. 2.6. A party may alternatively produce the subpoenaed information with the trade secret information redacted. Challenges regarding the validity of a confidentiality claim may only be considered by the Mississippi Commission on Environmental Quality pursuant to Miss. Code Ann. §§ 17-17-29 and 49-17-39 and 11 Miss. Admin. Code Pt. 1, Ch. 2.6. F. Records Request. Requests for records from MDEQ may be made pursuant to the Mississippi Public Records Act through MDEQ’s Freedom of Information Office pursuant to 11 Miss. Admin. Code Pt. 1, Ch. 2. If the party making a records request wishes to submit documents obtained as evidence at the evidentiary hearing, the documents must be submitted in accordance with Rule 6.3.G.