Subpoenas

Subpoenas. A duly appointed hearing officer may issue subpoenas sua sponte or upon application by any party. Except for good cause shown, no subpoena shall be issued less than thirty-five (35) calendar days, nor served less than thirty (30) calendar days, before the date of the hearing for which it is sought. Any subpoena duces tecum shall specify a date, time, and place for the production of documents or things no less than twenty (20) calendar days before the hearing, unless the hearing officer orders otherwise. The person to whom a subpoena is directed may, no less than twenty-five (25) calendar days before the first day of the hearing, serve upon the parties and the hearing officer a written objection together with a notice of a motion on the objection, in which case attendance or production shall not be compelled except pursuant to an order of the hearing officer. At least twenty (20) calendar days before the hearing, the hearing officer shall hear motions concerning issued subpoenas. The hearing officer’s rulings shall be entered into the record and shall be final as to all matters involving subpoenas. If a party refuses to comply with a subpoena, the hearing officer shall certify such facts and enter them into the record, at which point any party may move the appropriate court for relief. The hearing shall not be delayed while such a matter is being resolved in court.