Current through 2024-51, December 18, 2024
Section 629-4-12 - SubpoenasA.Authority. Pursuant to 5 MRSA section9060, in any adjudicatory proceeding, any party upon application, shall be entitled as of right to the issuance of subpoenas in the name of the Board to require the attendance and testimony of witnesses and the production of evidence relating to any issue of fact in the proceeding, subject to the provisions of 5 MRSA section9060(1)B.Form. Each request for issuance of a subpoena shall be accompanied by a proposed subpoena which shall, to the extent practicable, adhere to the form used in civil actions.C.Service. The party requesting the subpoena shall be responsible for service. A subpoena may be served by the sheriff, his deputy, a constable or any other person who is not a party and not less than eighteen (18) years of age, by delivering a copy of the subpoena to the person named in it. The party requesting the subpoena shall also be responsible for the tender of witness fees; witnesses shall be entitled to the same fees and allowance as witnesses in Superior Court. No person shall be excused from attending and testifying in obedience to a subpoena on the ground that the proper witness fee was not tendered or paid, unless the witness shall have demanded such payment as a condition precedent to attending the hearing, examination or investigation and unless such demand shall not have been complied with.D.Timing of requests for subpoenas. Requests for subpoenas will be processed as expeditiously as is reasonably possible, but the requesting party should not anticipate immediate issuance of a subpoena upon filing of the request. Requests for subpoenas requiring attendance or production of documents at a scheduled hearing should be filed no later than ten (10) days prior to the hearing date, unless some other deadline is provided by order of the Board, in order to provide the witness subpoenaed a reasonable opportunity to exercise his or her rights under 5 MRSA section9060(1)(C) to petition the Board to vacate or modify the subpoena. Requests for subpoenas filed less than the prescribed number of working days before a scheduled hearing will be granted only upon a showing of good cause.95- 629 C.M.R. ch. 4, § 12