4 Pa. Code § 615.13 - Subpoenas
(a)
Procedure for requesting subpoena.
(1) A subpoena for the attendance of
witnesses or for the production of documents will be issued only upon written
request to the presiding officer, with a copy to the non-requesting party.
Notwithstanding the forgoing, the presiding officer may, by their own motion,
issue a subpoena for the attendance of witnesses or the production of
documents.
(2) A written request
shall specify the relevance of the testimony or documentary evidence sought.
For documentary evidence, the request must specify, to the extent possible, the
documents desired and the facts to be proved thereby.
(3) A subpoena for new or additional
witnesses will not be issued after a hearing has been started and continued
unless orally requested on the record at the hearing and approved by the
presiding officer; except that subpoenas issued prior to the start and
continuance of the hearing may be reissued upon written request.
(4) Failure to adhere to the requirements of
this subsection may result in the refusal to issue the requested
subpoena.
(b)
Service of subpoena.
(1) A
subpoena for the attendance of a witness must be personally served on the
witness at least 48 hours prior to the hearing, unless the witness agrees to
waive the 48-hour requirement.
(2)
A subpoena for the production of documents may be served personally, by mail or
by electronic means upon the individual in possession of the documents, the
legal counsel for the entity or individual in possession of the documents, or
the designated custodian of the documents. A subpoena for the production of
documents shall be served no later than 10 business days prior to
hearing.
(3) Failure to adhere to
the requirements of this subsection may result in a ruling by the presiding
officer denying the enforceability of the subpoena.
(c)
Enforcement of subpoena.
(1) If the subject of a subpoena fails or
refuses to comply with the terms of the subpoena, the subpoenaing party may
file with the Docket Clerk a request for enforcement.
(2) If the presiding officer determines that
the testimony or documentary evidence sought through the subpoena is probative
of a material fact or issue relevant to the proceeding, the Secretary of
Administration, or their designee, will petition a court of record for
enforcement of the subpoena in accordance with
71 Pa.C.S. §
2202(c) (relating to duties
of Office of Administration).
Notes
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