D.C. Mun. Regs. tit. 31, r. 31-337

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 31-337 - SUBPOENAS
337.1

Subpoenas requiring the attendance of witnesses or the production of documentary or tangible evidence for the purpose of hearings or reviews may be issued by the Chairperson in a form substantially similar to that shown in Appendix 2-1 of Chapter 2.

337.2

Applications shall be in writing and in the form of a motion.

337.3

If application is made two (2) or more days prior to the hearing, the motion shall be acted upon prior to the hearing, unless all parties agree that it will be acted upon at the hearing.

337.4

If made during a hearing, the application may be made orally on the record with the consent of the Chairperson.

337.5

Motions for issuance of subpoenas shall contain a statement or showing of general relevance and reasonable scope of the evidence sought, and shall be accompanied by a description of any documentary or tangible evidence to be subpoenaed with as much particularity as is feasible.

337.6

Where it appears at a hearing that the testimony of a witness or documentary evidence is relevant to the issues in a proceeding, the Chairperson or the hearing panel may issue on his or her or its own motion a subpoena requiring such witness to attend and testify or requiring the production of such documentary evidence.

337.7

Proceedings of the hearing panel shall be considered investigations or examinations of municipal matters within the meaning of the Act of July 1, 1902 (D.C. Official Code § 1-301.21 (2001)). The provisions of §§ 1 through 3 of the Act of May 11, 1892 (D.C. Official Code §§ 5-1001 through 5-1003 (2001)), shall be applicable with respect to enforcement of subpoenas issued under this section, and with respect to witness fees.

337.8

Any person upon whom a subpoena has been served may, within ten (10) days after service, but in any event prior to the return date thereof, file with the Chairperson a motion to quash or to modify the subpoena and such filing shall stay the subpoena pending final action by the Chairperson or hearing panel on the motion.

D.C. Mun. Regs. tit. 31, r. 31-337

Final Rulemaking published at 34 DCR 6751, 6772 (October 23, 1987)