01-026 C.M.R. ch. 70, § 18 - Subpoena and discovery
Current through 2022-14, April 6, 2022
A. Any party may
request the issuance of a subpoena by the Board, and the Board may issue the
same if it first obtains the approval of the Attorney General or of any deputy
attorney general. Such approval shall be given when the testimony or evidence
sought is relevant to any issue of fact in the proceeding.
B. When properly authorized, subpoenas may be
issued by the Board or by any person designated by the Board for that purpose,
in accordance with the following provisions:
1. The form shall be similar to that used in
civil cases before the courts. Witnesses shall be subpoenaed only within the
territorial limits and in the same manner as witnesses in civil cases before
the courts, unless another territory or manner is provided by law. Witnesses
subpoenaed shall be paid the same fees for attendance and travel as in civil
cases before the courts. Such fees shall be paid by the party requesting the
subpoena.
2. Any subpoena issued
shall show on its face the name and address of the party at whose request it
was issued.
3. Any witness
subpoenaed may petition the Board to vacate or modify a subpoena issued in its
name. The Board shall give prompt notice to the party who requested issuance of
the subpoena. After such investigation as the Board considers appropriate, it
may grant the petition in whole or in part upon a finding that the testimony or
the evidence whose production is required does not relate with reasonable
directness to any matter in question, or that a subpoena for the attendance of
a witness or the production of evidence is unreasonable or oppressive or has
not been issued a reasonable period in advance of the time when evidence is
requested.
4. Failure to comply
with a subpoena lawfully issued in the name of the Board and not revoked or
modified by the Board as provided in this section shall be punishable by a fine
of not less than $500 and not more than $5,000, or by imprisonment not to
exceed 30 days, or both.
Notes
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