170 Ind. Admin. Code 1-1.1-14

Current through October 23, 2024

Section 170 IAC 1-1.1-14 - Subpoenas

Authority: IC 8-1-1-3; IC 8-1-2-47

Affected: IC 8-1-1-5; IC 8-1-1.1-5.1; IC 8-1-2-29

Sec. 14.

(a) The commission shall, at the request of a party, issue subpoenas for the attendance of witnesses and subpoenas duces tecum. Subpoenas shall not be issued for commission staff unless the staff is designated as testimonial staff in the proceeding. Subpoenas shall be signed by the secretary of the commission or a commissioner and shall be issued under the seal of the commission.

(b) Parties shall prepare subpoenas for issuance and shall be responsible for service. Service must be shown by the return of the sheriff or the affidavit of the party or attorney serving the subpoena. The return or affidavit shall be filed promptly with the commission.

(c) Upon motion made at or before the time specified for compliance in the subpoena, the presiding officer or commission may quash or modify the subpoena if it is unreasonable, oppressive, or untimely.

(d) In addition to the other requirements of this section, subpoenas to secure the examination or testimony of a member of commission staff who is designated as testimonial staff, in a deposition or at a formally docketed hearing, shall do the following:

(1) Specify the purpose for which the examination or testimony of the commission staff member will be taken.

(2) Specify the approximate duration of the examination.

(3) Certify that copies of the subpoena, when served, have also been served in the same manner as pleadings are served on the office of utility consumer counselor and other parties of record.

(e) A subpoena to secure the testimony of a member of commission staff who is designated as testimonial staff in a formally docketed proceeding before the commission may not be issued less than forty-eight (48) hours prior to the commencement of the hearing in which the testimony shall be given, except upon written leave granted by the presiding officer for good cause shown.

170 IAC 1-1.1-14

Indiana Utility Regulatory Commission; 170 IAC 1-1.1-14; filed Oct 30, 2000, 2:10 p.m.: 24 IR 660; readopted filed Apr 6, 2006, 11:00 a.m.: 29 IR 2670; readopted filed Jun 14, 2012, 3:04 p.m.: 20120711-IR-170120199RFA

Readopted filed 4/12/2018, 11:21 a.m.: 20180509-IR-170180113RFA

Filed 6/10/2020, 7:38 a.m.: 20200708-IR-170190378FRA