Okla. Admin. Code § 240:10-13-60

Current through Vol. 42, No. 4, November 1, 2024

Section 240:10-13-60 - Subpoenas

Each party to an appeal shall be entitled to present documents and witnesses in support of the presenting party's position.

(1) If a witness will not voluntarily appear, or if documents are not voluntarily tendered to a requesting party, the party may request that a subpoena be issued to compel the witness to appear and testify or to compel the production of documents.

(2) The request shall be made in writing and the requesting party shall furnish the Clerk of the Appeal Tribunal the name and home address of the witness. The requesting party may furnish the work address of the witness if the home address is unknown and not reasonably ascertainable. The requesting party may request a subpoena for a witness to appear at the Appeal Tribunal hearing or at a deposition to be held prior to the hearing. For a document subpoena, the requesting party shall furnish the clerk of the Appeal Tribunal the name or title of the person with possession of the documents, the address of that person, and a description of the documents.

(3) The request for a subpoena must be filed with the Appeal Tribunal not less than five (5) days prior to the scheduled hearing and the requesting party must justify the need for the witness' testimony, the deposition or the documents requested.

(4) The Director or designee will review the subpoena request for approval or denial. Requests for subpoenas can be denied if:

(A) The subpoena would be unduly burdensome or oppressive to the witness or person possessing the documents requested.

(B) The subpoena requests witnesses or documents that are irrelevant to the claim for unemployment benefits.

(5) Subpoenas will be served by certified mail at least five (5) days prior to the scheduled date of hearing.

Okla. Admin. Code § 240:10-13-60

Amended at 8 Ok Reg 2301, eff 6-13-91; Amended at 16 Ok Reg 1178, eff 5-13-99; Amended at 24 Ok Reg 1233, eff 5-25-07