Haw. Code R. § 17-1736-40 - Witnesses and subpoenas

(a) Each party to the administrative hearing shall arrange for the presence of its witnesses at the hearing.

(b) The DHS director hereby designates the hearing officer as a representative of the director, empowered to conduct a hearing. Any party to the administrative hearing may request of the hearing officer a subpoena to compel the attendance of a witness or the production of books, papers, documents, or other objects deemed relevant to the investigation, except that no subpoena shall affect any privilege established by law. Each subpoena shall be signed by the administrative hearing officer who at any point in the proceedings may, on the hearing officer's own motion, subpoena witnesses, books, papers, documents, correspondence, memoranda, or other records in furtherance of the administrative hearing.

(c) Applications for subpoenas for the production by a witness of books, papers, documents, correspondence, memoranda, or other written records, shall be made by affidavit to the hearing officer and shall contain:

(1) The name and address of the organization upon whom the subpoena is to be served;

(2) A description of the documents, papers, books, correspondence, memoranda, photographs, or other written records that are desired;

(3) A statement by the affiant that to the best of the affiant's knowledge and belief, the person to be subpoenaed has information about or possesses the documents, papers, books, correspondence, memoranda, photographs, or other objects that the subpoena seeks; and

(4) The basis for the affiant's belief that the person or organization has information about or possesses the documents, papers, books, correspondence, memoranda, photographs, or other objects that the subpoena seeks.

(d) Each party to the administrative hearing shall arrange for the service of all subpoenas issued on its behalf. A copy of the affidavit in support of the issuance of the subpoena shall be served along with the subpoena.

(e) All witnesses who are summoned to an administrative hearing by subpoena may claim witness fees and mileage allowance at the same rate established for witnesses in the circuit court of the first circuit of the State.

(f) The parties shall bear their own costs.

Notes

Haw. Code R. § 17-1736-40

[Eff 08/01/94] (Auth: HRS § 346-14; 42 C.F.R. §431.10) (Imp: HRS §§ 92-16, 346-13; 42 C.F.R. §455.13)