Regulation .12 Subpoenas.
Regulation .12 Subpoenas.LinkCopy Citation
A.
On request of a party to a proceeding, an administrative unit shall issue a subpoena requiring the attendance and testimony of a witness and, if requested, the production at the hearing of relevant documents and tangible items in the possession or under the control of the witness.
B.
A request for the issuance of a subpoena shall be made in writing to the administrative unit not later than 10 days before the scheduled hearing date.
C.
If a request for issuance of a subpoena is received by the administrative unit less than 15 days before the scheduled hearing date, the requesting party shall be responsible for service of the subpoena.
D.
A request for a subpoena shall specify:
(1)
The full name and address of the person to be subpoenaed;
(2)
The full name, address, and telephone number of the party requesting the subpoena;
(3)
The caption of the action for which a subpoena is requested;
(4)
The date, time, and place of the hearing for which the subpoenaed person is to appear; and
(5)
For a subpoena for the production of documents, a description of tangible items, books, papers, or other documents.
E.
A subpoena request need not be served on all parties.
F.
Subpoenas may be served by:
(1)
Certified mail to the person at the address specified in the subpoena request; or
(2)
Personal delivery by an individual who is:
(a)
18 years old or older; and
(b)
Not a party to the proceeding.
G.
Return of service of subpoena shall be made by:
(1)
Affidavit, if personally delivered; or
(2)
Return receipt, if mailed.
H.
A person may object to a subpoena by filing with the administrative unit, before the time specified in the subpoena for compliance, a motion to quash or for other appropriate relief.
I.
If a person fails to comply with a properly served subpoena, the party requesting the subpoena may apply to the appropriate circuit court for relief.