Section 5 - Citations, Subpoenas, and Other Process Issued by the Commission(a)During an investigation and before a notice of hearing is filed, notices, citations, subpoenas, and other process for compelling the attendance of witnesses for questioning by the Office of Special Counsel or the production of books, papers, documents, and other evidentiary matter, shall be issued in the name of the Commission by the Chair or the Chief Executive Officer (Judicial Administrator) or the Commission Counsel, at the request of the Special Counsel, when such notice, citation, subpoena, or other process is deemed relevant or material to an investigation(b) After a notice of hearing is filed, such notices, citations, subpoenas, and other process that are deemed relevant or material to a hearing or other proceeding shall be issued in the name of the Commission at the request of the Special Counsel or the judge, as follows: (i) by the hearing officer or the Hearing Officer Counsel when the notices, citations, subpoenas, or other process relate to proceedings before the hearing officer, or (ii) by the Chair, the Chief Executive Officer (Judicial Administrator), or the Commission Counsel, when the notices, citations, subpoenas, or other process relate to proceedings before the Commission.(c) After formal allegations are specified and a notice of hearing is provided, the judge and the Commission are entitled to discovery to the extent available for civil proceedings. Within thirty days after the filing of a notice of hearing, the Office of Special Counsel shall provide to the judge open file discovery of all non-privileged information and evidence relating to the allegations contained in the notice of hearing.(d) Throughout the duration of the formal proceedings, the Office of Special Counsel shall have an affirmative duty to provide to the judge, within a reasonable time after receipt of such information, information received by the Office of Special Counsel that is favorable to the judge 5 and is relevant and/or material to the allegations contained in the notice of hearing, even without a request for such information having been made by the judge.Amended effective 7/1/2016.