Section 1100.70  Subpoenas

a)         Subpoenas, including subpoenas duces tecum, shall be issued by the Board upon written application of a party to the Chief Administrative Law Judge.  The application shall contain the name and address of the party and its representative, and the name of the person to be subpoenaed, and, where applicable, a description of any documents to be produced.

b)         A person objecting to the subpoena may file a motion to revoke the subpoena.  Prior to the opening of a hearing, any motion to revoke a subpoena shall be filed with the Chief Administrative Law Judge.  After the opening of a hearing, any motion to revoke a subpoena shall be filed with the hearing officer.  The motion must be filed by the date on which the person is required to appear, and, in any event, no later than five days after service of the subpoena.  Grounds for revocations of subpoenas shall include such factors as irrelevance, burdensomeness of compliance or privilege.

c)         Witnesses appearing at a hearing pursuant to subpoenas are entitled to the same fees and mileage as are allowed witnesses in civil cases in the courts of the State of Illinois, pursuant to Section 4.3 of the Circuit Courts Act [705 ILCS 35/4.3].  Witness fees and mileage shall be paid by the party at whose request the subpoena was issued.

d)         A subpoena duces tecum shall specify the date for production of the documents.  If the date so specified is other than at the hearing, the date specified for production shall be a date in advance of the hearing, which shall be no less than 10 days after the receipt of the subpoena by the person or entity to whom it is directed.

(Source:  Amended at 28 Ill. Reg. 7932, effective May 28, 2004)