Section 120.420  Subpoenas

a)         The Administrative Law Judge may issue a subpoena to compel the attendance of a witness or the production of documents when the witness or the production of documents has or contains relevant evidence but is not being presented by the party, witness or holder of a document. A party may also request the Administrative Law Judge to issue a subpoena to compel the attendance of a witness or the production of documents.

b)         A Request for Subpoena shall be either in writing or on the record and shall:

1)         Identify the witness or document sought;

2)         State the facts that will be proven by each witness and or document sought; and

3)         Provide a proposed subpoena.

c)         The Administrative Law Judge shall grant or deny the request, either in writing or on the record. The movant is responsible for serving the subpoena upon the party or witness if the request is granted. Service of a subpoena must be completed 7 days before the date of the required appearance or production.

d)         The Administrative Law Judge, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance, may quash or modify the subpoena if it is unreasonable, oppressive, or irrelevant. The Administrative Law Judge will rule upon motions to quash or modify material requested in the subpoena, denying, limiting or conditioning the production of information when necessary to prevent undue delay, undue expense, harassment, or oppression or to protect materials from disclosure consistent with the provisions of Section 120.410(f) of this Part. If the Request for Subpoena is denied or modified, the Administrative Law Judge shall proceed to conduct the hearing, and the specific reasons for denying or modifying the request shall be made part of the record.

e)         Any witness subpoenaed for a deposition may be required to attend only in the county in which the witness resides or maintains an office address, or in any other place ordered by the Administrative Law Judge.