37 Pa. Code § 197.13a - Subpoenas
(a) A party may
apply in writing to the Hearing Board for subpoenas for the attendance of
witnesses or for the production of documents. The application shall identify
the names and addresses of the persons to be subpoenaed.
(b) Except by special permission of the
Hearing Board, subpoenas may not be issued for the attendance of witnesses or
the production of documents which have not been listed in the prehearing
memorandum required by §
197.46(b)
(relating to prehearing conference).
(c) Service of subpoenas shall be by personal
service, unless the person to be subpoenaed agrees to accept service by mail.
In making service, a copy of the subpoena shall be left with the person to be
served. The original subpoena, accompanied by an affidavit describing the
manner in which service was made, shall be filed with the Hearing Board. Where
service of the subpoena is by mail, the document evidencing agreement to accept
service by mail shall be filed with the Hearing Board.
(d) A motion to quash a subpoena may be filed
only by the person subpoenaed. The motion shall specify the reasons why the
person subpoenaed should not be compelled to appear and testify. Answers or
other responses to motions to quash by other parties to the proceeding will not
be entertained.
(e) Persons who are
subpoenaed shall be paid the same fees and mileage as are paid for like
services in the court of common pleas of the county in which the hearing is
held, and the appropriate fee shall be tendered at the time of service of the
subpoena.
(f) This section
supplements 1 Pa. Code §35.142 (relating to
subpoenas).
Notes
The provisions of this § 197.13a issued under section 805(b) of the Health Care Facilities Act (35 P. S. § 448.805(b)).
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