Section 440.620  General Provisions

a)         REQUESTS FOR SUBPOENAS.  Any State Auditor or Special Assistant Auditor of the Office of the Auditor General may request the issuance of a subpoena by directing a request, in writing, to the Auditor General. Such requests will be in a form and contain such information as specified by the Auditor General.

b)         ISSUANCE OF SUBPOENAS.  Subpoenas will be issued by the Auditor General or a Deputy Auditor General only upon review of an appropriate request. Subpoenas will be executed in two or more original copies, marked "first duplicate original," "second duplicate original," etc. each signed by the Auditor General or a Deputy Auditor General. The executed subpoenas shall be delivered to the requesting party for service.

c)         SERVICE OF SUBPOENA.  Subpoenas may be served by any person who is over age 18 years. Service may be made:

1)         If the person being served is an individual, by personal delivery of an executed original to the individual, or by leaving an executed original at the individual's usual place of abode, with some person of the family, who is age 13 years or older, provided the server also sends a copy of the subpoena, postage prepaid addressed to the individual at the individual's usual place of abode.

2)         If the person being served is a corporation, by leaving an executed original with the registered agent or officer or agent of the corporation.

3)         If the person being served is an entity other than a corporation or an individual, by leaving an executed original with any officer, partner, associate, or agent of the entity.

4)         By mailing an executed original by certified mail, return receipt requested, and postage prepaid, to the person to be served at the person's principal place of business or principal office or in the case of an individual at the individual's principal place of abode.

d)         RETURN OF SERVICE OF SUBPOENA.  After a subpoena is served, the server shall execute and have acknowledged before a person authorized to administer oaths, the Certificate of Service on the original retained by the server and return it to the individual in charge of the Post Audit or Investigation.

e)         ENFORCEMENT.  When a person fails to comply with a subpoena, the individual in charge of the post audit or investigation shall send to the Chief Legal Counsel a notice of failure to comply accompanied by the duplicate original subpoena showing service together with a request for further action by the Auditor General or other recommendations.

f)         WITNESS FEES AND MILEAGE.

1)         Persons complying with a subpoena of the Office of the Auditor General will be paid attendance costs as provided by statute for civil cases in Illinois Circuit Courts.

2)         State employees will be asked to waive witness fees and mileage if they appear as witnesses during their regular working hours and within their regularly assigned work district.

g)         SUBPOENA FORM.  Subpoenas issued by the Office of the Auditor General shall be in a form specified by the Auditor General.

(Source:  Amended at 20 Ill. Reg. 730, effective January 31, 1996)