Subpoenas for the attendance of witnesses or for the production of documentary evidence, unless directed by the commissioner upon the commissioner's own motion, will issue only upon application in writing to the commissioner, or to the hearing officer, except that during a hearing such application may be made orally on the record before the hearing officer who shall have the authority to determine the relevancy and the materiality of the evidence sought and to issue such subpoenas if warranted. Written application shall specify the general relevance and materiality of the testimony or documentary evidence sought, including, as to documentary evidence, specifications as nearly as may be of the documents desired and the facts to be proved by them. The cost of serving any subpoena shall be paid by the party requesting it. Any witness who is subpoenaed under the provisions of this section and who appears at the hearing shall receive the same fees and mileage as witnesses in the district courts of this state, and such costs will be paid by the party at whose instance the witness appears. No witness fees will be allowed except on a subpoena.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-09
N.D. Admin Code 60-02-05-03