On initiative of Appeals Officer or by
The Appeals Officer, on his or her own initiative or at the
request of a party, may issue a subpoena for documentary or testimonial evidence if
the Appeals Officer determines that the requested evidence is relevant to an issue
of fact and that the issuance of the subpoena is necessary for carrying out the
responsibilities of the Board. Any requests for a subpoena must contain:
A. The title of the matter and the Board's docket
B. The name and address of the
party requesting the subpoena;
name and address or location of any person to be subpoenaed;
D. A description of any records, files or other
documents to be subpoenaed, including their location and the identity of the person
who has custody of them; and
statement explaining why the testimony or documents to be subpoenaed are relevant to
an issue of fact in the appeal, why that evidence cannot be obtained by other means,
and why the issuance of the subpoena is necessary for carrying out the
responsibilities of the Board.
A copy of the request must be sent to the non-requesting party
at the time it is submitted to the Appeals Officer.
If the non-requesting party objects within 10 days of a request
for a subpoena being filed, the Appeals Officer will schedule a telephone conference
with the parties to determine whether the evidence sought is relevant to an issue of
fact in the appeal, whether that evidence cannot be obtained by other means, and
whether the issuance of the subpoena is necessary for carrying out the
responsibilities of the Board.
Issuance of Subpoenas after
If the Appeals Officer determines that the request seeks
evidence that is relevant to the appeal and cannot be obtained by other means, and
that the issuance of the subpoena is necessary for carrying out the responsibilities
of the Board, the Appeals Officer shall issue the subpoena and forward it to the
requesting party for service. The time, date and location for the production of any
documents sought must be inserted on the face of the subpoena by the requesting
party, allowing at least 14 days after service for production. When seeking
documents, the requesting party must indicate that compliance may be achieved by the
recipient sending the requested documents by certified mail or common carrier to an
address specified by the requesting party on or before the date set for production.
When seeking testimony, the requesting party must indicate the date, time and
location of the Appeals Conference at which the testimony is desired.
A. Witnesses shall be
subpoenaed only within the same territorial limits and in the same manner as
witnesses in civil cases before the Maine courts. Witnesses subpoenaed shall be paid
the same fees for attendance and travel as in civil cases before the Maine courts.
All such fees and costs shall be paid by the party requesting the subpoena.
B. If a subpoena requires the
disclosure of a trade secret or other confidential research, development, or
commercial information, or requires a person who is not a party or an officer of a
party to incur substantial expense to travel more than 100 miles one way to attend a
hearing, then the Appeals Officer may cancel or modify the subpoena. If the party on
whose behalf the subpoena is issued shows a substantial need for the testimony or
material that cannot otherwise be met without undue hardship and assures that the
person to whom the subpoena is addressed will be reasonably compensated, the Appeals
Officer may order appearance or production under specified conditions.
Petitions to cancel or modify
A. Any witness subject to a
subpoena may petition the Appeals Officer to cancel or modify the subpoena and the
Appeals Officer shall give prompt notice of any such petition to the party who
requested issuance of the subpoena.
After such investigation as he or she considers appropriate, the Appeals Officer may
grant a petition to cancel or modify the subpoena in whole or in part upon a finding
that the subpoena:
(1) Does not seek evidence that
relates with reasonable directness to any matter at issue;
(2) Fails to allow a reasonable time for
(3) Requires disclosure of
privileged or other protected matters and no exception or waiver applies;
(4) Is unreasonable, oppressive, or subjects a
person to undue burden;
(5) Is not
necessary for carrying out the responsibilities of the Board; or
(6) Seeks information that is obtainable by other