R410-14-11. Witnesses and Subpoenas

(1) A party shall arrange for a witness to be present at a hearing. (2) At the request of a party or at the presiding officer's discretion, the presiding officer may order a witness excluded so that the witness cannot hear another witness's testimony. (3) Discovery is prohibited, but the office may issue a subpoena or other order to compel the production of necessary evidence. (4)(a) An attorney may issue a subpoena for necessary evidence. (b) A party who is not represented by an attorney may request a subpoena from the office. (c) When the presiding officer issues a subpoena to a party, the party shall serve that subpoena on the witness. (5)(a) A party shall request a subpoena as soon as possible after a hearing date is set. (b) The office may not issue a subpoena fewer than 16 calendar days before the hearing. (6) The presiding officer may issue a subpoena on the presiding officer's own motion. (7) A party may file an affidavit that requests the presiding officer to subpoena a witness to produce books, papers, correspondence, memoranda, or other records. The affidavit shall include: (a) the name and address of the person or entity being served the subpoena; (b) a description of any account, book, document, letter, object, paper, photograph, or other tangible item that the applicant seeks; (c) material that is relevant to the issue of the hearing; and (d) a statement by the applicant that, to the best of the applicant's knowledge, the witness possesses or controls the requested material. (8) A party shall arrange to serve any subpoena that the presiding officer issues on the party's behalf and shall serve a copy of the affidavit that the party presents to the presiding officer. (9) Except for an employee of an agency, a witness that the presiding officer subpoenas to attend a hearing is entitled to appropriate fees and mileage. The witness shall file a written demand for fees with the presiding officer within ten calendar days from the date that the witness appears at the hearing. (10) The presiding officer may issue an order of default against any party that fails to appear, participate, or obey an order entered by the presiding officer.