La. Admin. Code tit. 1 § III-711

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-711 - Subpoenas (formerly Section 519)

A. DAL may order the issuance of a subpoena, requiring the attendance and testimony of a witness and/or the production of objects or documents, upon written request of a party in compliance with this rule. All requests for subpoenas shall be received by DAL at least 15 business days prior to the date of the hearing, unless otherwise ordered by the administrative law judge or provided by law. In those instances, the administrative law judge will determine how far in advance subpoena requests must be received by DAL.

1. The subpoena request shall include the following:

a. the heading contained in §507.B of these rules;

b. the name of the party and the representative or attorney requesting the subpoena;

c. the complete name, service address (with directions if necessary), and telephone number of the person being subpoenaed;

d. a sufficient description of any document(s) or item(s) to be produced;

e. a brief statement demonstrating the potential relevance of the testimony or evidence sought;

f. the date, time, place and proceeding for which the subpoena is requested; and

g. a check or money order, made payable to each witness subpoenaed, to cover witness fees, and all other costs, fees, and expenses required by or as referenced by R.S. 49:956(5).

2. The subpoena shall be prepared and served by the party requesting the subpoena. The party requesting the subpoena must file a return of service into the administrative record certifying who was served, the time and date of service, the address where the person was served, and the name of the person who served it.

B. Failure of a witness to appear or respond to a subpoena may be grounds for a continuance unless Subsection A has been complied with. However, the administrative law judge may grant a continuance when the interest of justice requires it.

1. Only the administrative law judge may dismiss a witness who appears at a hearing pursuant to a subpoena issued by DAL.

2. If a hearing is continued, witness fees and all other costs, fees, and expenses required by or as referenced by R.S. 49:956(5) must be submitted in order for a subpoena to be reissued.

C. Any person served with a subpoena who has an objection to it may file an objection or motion to quash. The objection shall be filed promptly, at or before the time specified in the subpoena for compliance, and shall set forth the reasons for the objection. The administrative law judge may cancel or modify the subpoena if it is improper or unduly burdensome, taking into account the costs or other burdens of compliance when compared with the value of the testimony or evidence sought for the presentation of a party's case, and whether there are alternative methods of obtaining the desired testimony or evidence. Modification may include requiring the party requesting the subpoena to pay reasonable costs of producing documents, books, papers, or other tangible things.

La. Admin. Code tit. 1, § III-711

Promulgated by the Department of Civil Service, Division of Administrative Law, LR 28:43 (January 2002), amended LR 38:2948 (November 2012), repromulgated LR 46321 (3/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:991 et seq., and amendments to R.S. 32:668.A effective August 1, 2012.