Okla. Admin. Code § 265:3-5-7

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

Section 265:3-5-7 - Subpoenas

(a)Issuance of subpoenas. The office of the State Fire Marshal may issue subpoenas to require the attendance of witnesses in this state and the production of books and papers at a hearing or deposition held pursuant to this Chapter.

(b)Application for subpoenas. Any party may file a written application for subpoenas with the State Fire Marshal before the hearing.

(c)Motion to revoke subpoenas.

(1) A Motion to Revoke or Quash a subpoena may be filed with the State Fire Marshal not later than three (3) days from the date of service of the subpoena.

(2) The State Fire Marshal shall give notice of the filing of the Motion to revoke or quash to the applicant for subpoena.

(d)Ruling on motion to revoke or quash.

(1) The State Fire Marshal may revoke or quash a subpoena on the ground that the subpoena does not reasonably relate to any matter under investigation, inquiry, or hearing; that the subpoena does not describe with sufficient particularity the evidence sought or that the evidence sought from the witness is privileged under law or these Rules.

(2) The State Fire Marshal shall make a statement as to the basis for his ruling.

(3) An aggrieved party may request that the motion to revoke or quash a subpoena, the answer thereto, if any, and the State Fire Marshal's statement of the basis for its ruling be made part of the record.

(e)Witnesses.

(1) No person served with a subpoena issued by the State Fire Marshal shall refuse or neglect to appear, or testify.

(2) Upon failure to comply with, or neglect of, a subpoena the State Fire Marshal may apply to the district court for an order of compliance pursuant to the Administrative Procedures Act.

Okla. Admin. Code § 265:3-5-7