4 Pa. Code § 105.14a - Subpoenas
(a)
Procedure for requesting subpoenas.
(1) Subpoenas for the attendance of witnesses
or for the production of documents will be issued only upon written application
to the Chairperson of the Commission or the Commissioner presiding at hearing,
with a copy to the opposing party.
(2) Written application shall specify as
clearly as possible the relevance of the testimony or documentary evidence
sought. As to documentary evidence, the request must specify to the extent
possible the documents desired and the facts to be proved thereby.
(3) Failure to adhere to the requirements of
this subsection may result in the refusal by the Commission to issue the
requested subpoenas.
(4) Subpoenas
for new or additional witnesses will not be issued after a hearing has been
commenced and continued unless orally requested on the record at the hearing
and approved by the Commission, except that subpoenas issued prior to the
commencement and continuance of the hearing may be reissued upon written
request.
(b)
Service.
(1) A subpoena
shall be served personally upon the witness.
(2) Subpoenas for the production of documents
shall be served personally or by first-class mail upon the individual in
possession of the documents, if known, or the agency head, who may designate a
knowledgeable alternate as custodian of the documents, or the legal counsel for
the appointing authority.
(3)
Service of subpoenas for the attendance of witnesses shall be made at least 48
hours prior to hearing, unless the witness agrees to waive the 48-hour
requirement. Subpoenas for the production of documents shall be served no later
than 5 work days prior to hearing.
(4) Failure to adhere to the requirements of
this subsection may result in a ruling by the Commission denying the
enforceability of the subpoena.
(c)
Compensation of
witnesses.
(1) Witnesses subpoenaed
to appear before the Commission shall be paid a witness fee at the rate
specified for the courts of common pleas by the party requesting the
subpoena.
(2) Witnesses subpoenaed
to appear before the Commission shall be paid, by the party serving the
subpoena, mileage at the rate specified for the courts of common pleas for each
mile actually and necessarily traveled between the place named in the subpoena
and either the place of residence of the witness or the work site, whichever
distance is less.
(3) At the time a
witness is served with a subpoena, the witness shall, upon demand, be paid the
witness fee and travel expenses provided in this subsection by the party
serving the subpoena. If no demand is made by the witness at the time of
service, the fee shall be tendered to the witness prior to the start of the
hearing.
(4) Paragraphs (1)-(3)
supersede 1 Pa. Code §35.139 (relating to fees of witnesses).
(d)
Supplementation. Subsections (a)-(c) supplement 1 Pa. Code
§35.142 (relating to subpoenas).
Notes
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