Or. Admin. Code § 471-070-8035

Current through Register Vol. 63, No. 12, December 1, 2024

Section 471-070-8035 - Appeals: Subpoenas

(1) Subpoenas for the attendance of witnesses or the production of books, records, documents, or other physical evidence may be issued by:

(a) The administrative law judge upon request of a party to the contested case upon showing of general relevance and reasonable scope of the evidence sought, or on the administrative law judge's own initiative;

(b) The department on its own motion; or

(c) An attorney representing a party to the contested case on behalf of that party.

(2) A party that submits a request for subpoena must show:

(a) The name of the witness and the address where the witness can be served the subpoena;

(b) That the testimony of the person is material; and

(c) That the person will not voluntarily appear.

(3) If the requesting party wishes the witness to produce books, records, documents, or other physical evidence, the party must also show:

(a) The name or a detailed description of the specific books, records, documents, or other physical evidence the witness should bring to the hearing;

(b) That such evidence is generally relevant and the request is reasonable in scope; and

(c) That such evidence is in the possession of the person who will not voluntarily appear and bring such evidence to the hearing.

(4) An administrative law judge may limit the number of subpoenas for witness material to the proof of any one issue at the hearing.

(5) Service of the subpoena upon the witness is the responsibility of the party requesting the subpoena.

(6) A witness who attends a hearing pursuant to subpoena issued under this rule is entitled to witness fees and mileage as provided in ORS 44.415(2) for subpoenaed witnesses.

(7) Only witnesses, who are not a party to the proceeding, who attend a hearing pursuant to subpoena issued by or on behalf of the department under this rule may be paid or reimbursed by the department for witness fees and mileage.

(8) If any person fails to comply with any subpoena so issued or any party or witness refuses to testify on any matters on which the party or witness may be lawfully interrogated, the judge of the circuit court of any county, on the application of the Administrative Law Judge, the department or the party requesting the issuance of or issuing the subpoena, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.

Or. Admin. Code § 471-070-8035

ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022

Statutory/Other Authority: ORS 657B.340

Statutes/Other Implemented: ORS 657B.410 & 183.440