The executive director shall conduct the hearing, if a hearing is held. The executive director may order the consolidation of petitions for hearing. As hearing examiner, the executive director has the power to administer oaths and to require by subpoena the attendance and testimony of witnesses, the production of books, records and other evidence relevant to issues raised by a unit determination petition, a unit clarification petition or responses to the petition. The hearing examiner may also require the submission of written statements of fact, position or law prior to hearing. Any party may file a written application for subpoenas with the executive director in accordance with Chapter 12, § 17. Witnesses subpoenaed by the Board are entitled to the same fees as are paid to witnesses in the Superior Court. A person served with a subpoena issued by the executive director may not refuse or neglect to appear or to testify or to produce books and papers relevant to the investigation, inquiry or hearing as commanded in that subpoena. Upon failure of any party to comply with a subpoena, the executive director may, absent constitutional, statutory or other privilege, disregard all related evidence offered by that party.
12- 180 C.M.R. ch. 11, § 23