(1) Whenever a
party has requested a hearing, a subpoena may be issued to compel:
(a) Attendance and testimony at a hearing;
or
(b) The production of
documentary or physical evidence under a witness' control at or before a
hearing.
(2) Subpoenas
may be issued by an Administrative Law Judge or the attorney of record of a
party. Upon request, the Hearings Division shall provide blank
subpoenas.
(3) Subpoenas issued on
behalf of a party may be served by the party or the party's representative.
Service may be made in person or by certified mail or other mail that provides
for a receipt signed by the recipient.
(4) Subpoenas shall be served far enough in
advance of an appearance to allow the witness or party a reasonable time to
comply with the subpoena or to file an objection.
(5) Witness fees and mileage shall be
provided at the time the subpoena is served, in the amount provided for in
civil actions.
(6) "Individually
identifiable health information," as defined in ORCP 55(H)(1)(a), may be
obtained through a subpoena under the following procedures:
(a) At the time a subpoena for individually
identifiable health information is issued, the party issuing the subpoena must
serve a copy of the subpoena to the party or the attorney for the party whose
individually identifiable health information is being subpoenaed. Such service
shall be as provided in section (3) above.
(b) The subpoena shall provide notice to the
person or the person's attorney, if represented, whose individually
identifiable health information is being subpoenaed of the extent of the
information being sought, and shall describe the procedure for submitting a
timely objection to the disclosure of such information. The subpoena shall
include the following in prominent or boldface type:
"IF YOU OPPOSE THE DISCLOSURE OF THE INFORMATION INCLUDED IN
THIS SUBPOENA, YOU MUST FILE A WRITTEN OBJECTION, WITH THE WORKERS'
COMPENSATION BOARD, 2601 25TH STREET SE, SUITE 150, SALEM OREGON 97302-1280.
YOUR OBJECTION MUST BE FILED WITHIN TEN (10) CALENDAR DAYS OF THE MAILING DATE
OF THIS NOTICE, AND MUST STATE THAT YOU OBJECT TO THE RELEASE OF THE
INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION, THE BASIS FOR YOUR OBJECTION,
YOUR ADDRESS, AND THE DATE OF YOUR INJURY IF YOU KNOW THE DATE. A COPY OF YOUR
LETTER MUST ALSO BE PROVIDED SIMULTANEOUSLY TO THE RECIPIENT OF THE SUBPOENA,
AS WELL AS TO THE PARTY ISSUING THE SUBPOENA. IF YOU HAVE QUESTIONS YOU MAY
CALL THE WORKERS' COMPENSATION BOARD AT (503) 378-3308 OR TOLL-FREE AT
1-877-311-8061, OR THE OMBUDSMAN FOR INJURED WORKERS TOLL-FREE AT
1-800-927-1271."
"THE CUSTODIAN OF THE RECORDS SHALL PROVIDE THE RECORDS IN THE
MANNER PRESCRIBED. THE RECORDS SHALL BE PROVIDED NO SOONER THAN 14 DAYS AFTER
ISSUANCE OF THIS SUBPOENA, BUT NOT LATER THAN 21 DAYS AFTER ISSUANCE.
"RECIPIENT: IF YOU RECEIVE A TIMELY OBJECTION FROM THE PARTY
(OR THE PARTY'S ATTORNEY) WHOSE INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION IS
BEING SUBPOENAED, THE RECIPIENT SHALL COMPLY WITH THE SUBPOENA BY MAILING THE
INFORMATION SOUGHT TO THE WORKERS' COMPENSATION BOARD, AT 2601 25TH STREET SE,
SUITE 150, SALEM OREGON 97302-1280."
(c) The subpoena must also contain the
following certification: "I certify that I mailed a copy of this subpoena to
[the person or the person's attorney, if represented] at [address] on [date] by
certified mail return receipt requested."
(d) "File," as used in this section, has the
same meaning as OAR
438-005-0046.
(e) If the person whose individually
identifiable health information is being subpoenaed does not timely object or
waives any objection, the recipient of the subpoena shall comply with the
subpoena.
(f) If the recipient of
the subpoena receives a timely objection from the party whose individually
identifiable health information is being subpoenaed, the recipient shall comply
with the subpoena by mailing the information sought to the Workers'
Compensation Board, at 2601 25TH STREET SE, SUITE 150, SALEM OREGON
97302-1280.
(g) If the person whose
individually identifiable health information is being subpoenaed timely
objects, an expedited pre-hearing conference will be conducted under the
provisions of ORS 656.283.
(h) A party who receives information under
this section is required to disclose that information under OAR
438-007-0015.
Notes
Or. Admin. Code §
438-007-0020
WCB 1-1984, f. 4-5-84, ef.
5-1-84; WCB 5-1987, f. 12-18-87, ef. 1-1-88; WCB 1-2003, f. 2-21-03, cert. ef.
5-1-03; WCB 1-2005, f. 6-29-05, cert. ef. 9-1-05; WCB 2-2013, f. 12-10-13,
cert. ef. 4-1-14;
WCB
2-2019, amend filed 09/24/2019, effective
1/1/2020;
WCB
22-2022, amend filed 07/11/2022, effective
10/1/2022
Statutory/Other Authority: ORS
656.726(5)
Statutes/Other Implemented: ORS
656.283(7),
656.724(4)
& 656.726(2)(c)
