Upon written application served on the Executive Director of the Commission, either personally or by certified mail, the Commission Chair or the Hearing Officer shall issue a subpoena on a form prescribed by the Commission whenever necessary to compel the attendance of a witness or to require the production for examination of any books, payrolls, records, correspondence, documents, papers or other evidence in any investigation of an unlawful employment practice or practices charge or in any hearing before a Hearing Officer. Blank copies of the subpoena form may be obtained at the office of the Commission.
Within five (5) days (excluding Saturdays, Sundays, and official State holidays) after the service of a subpoena on any person requiring the attendance of said person as a witness at an investigation or hearing, or requiring the production of any evidence in her or his possession or under her or his control, such person may petition the Commission in writing, personally or by certified mail to quash the subpoena. The Commission may revoke such subpoena if, in its opinion, the attendance of the person subpoenaed or the evidence, the production of which is required, does not relate to any matter under investigation or to any matter in question in such proceedings before the Commission or a Hearing Officer, or if in its opinion, such subpoena does not describe with sufficient particularity the reasons requiring the attendance of a person as a witness or the evidence, the production of which is required.
138 Neb. Admin. Code, ch. 5, § 001