52 Pa. Code § 5.421 - Subpoenas
(a)
Issuance.
(1) A subpoena may
be issued by the Commission upon its own motion.
(2) Other than under paragraph (1), a
subpoena will issue only upon application in writing to the presiding officer,
except that during a hearing in a proceeding, the application may be made
orally on the record before the presiding officer, who will determine the
necessity of issuing the subpoena.
(b)
Form. The written
application:
(1) Must specify as nearly as
possible the general relevance, materiality and scope of the testimony or
documentary evidence sought, including, as to documentary evidence,
specification as nearly as possible of the documents desired.
(2) Must list the facts to be proved by the
documents in sufficient detail to indicate the necessity of the
documents.
(3) Must contain a
notice that a response or objection to the application shall be filed with the
Commission and presiding officer within 10 days of service of the
application.
(4) Must include a
certificate of service.
(5) May
attach the proposed subpoena to the application.
(c)
Service. An application
for a subpoena shall be filed with the Commission and copies served by the
petitioner upon:
(1) The party, person or
individual to be subpoenaed.
(2)
The presiding officer.
(3) The
parties.
(4) The Commission's Law
Bureau, if the subpoena is directed to a Commission employee.
(5) The person or individual for whom the
subpoena is sought when the person is not a party to the case. When the person
or individual for whom a subpoena is sought is not a party to the case, the
application must identify the persons-names and addresses-including the
Secretary and presiding officer, to whom the answer or objection shall be
sent.
(d)
Service
and return.
(1)
Personal
service. If service of the subpoena is made by a sheriff, like officer
or deputy, service shall be evidenced by the return thereof. If made by another
person, the person shall make affidavit thereof, describing the manner in which
service was made, and return the affidavit on or with the original subpoena. In
case of failure to make service, the reasons for the failure shall be stated on
the original subpoena. In making service, a copy of the subpoena shall be
exhibited to and left with the person to be served. The original subpoena,
bearing or accompanied by the authorized return, affidavit or statement, shall
be returned to the Secretary, or, if so directed on the subpoena, to the
presiding officer before whom the person named in the subpoena is required to
appear.
(2)
Service by
mail. Service of a subpoena upon a party, person or individual may
also be accomplished by mail under §
§
1.54 and
1.55 (relating to service by a
party; and service on attorneys), or by a form of mail requiring a return
receipt, postage prepaid, restricted delivery. Service is complete upon
delivery of the mail to the party or the persons referred to in Pa.R.C.P. No.
402(a)(2) (relating to manner of service acceptance of
service).
(e)
Fees of witnesses. A witness subpoenaed by the Commission will
be paid the same fees and mileage as paid for the like services in the courts
of common pleas. A witness subpoenaed by a party shall be paid the same fees by
the party. The Commission, before issuing a subpoena as provided in this
section, may require a deposit of an amount adequate to cover the fees and
mileage involved or require reasonable surety consistent with §
3.8 (relating to form of interim
emergency orders).
(f)
Objections and decision. A party, person or individual
objecting to an application for a subpoena under this section may do so within
10 days in accordance with subsection (b)(3). The administrative law judge will
address an objection within 10 days of the assignment of any objection filed
under this section.
(g)
Supersession. Subsections (a)-(e) supersede 1 Pa. Code §35.142
(relating to subpoenas).
Notes
The provisions of this § 5.421 amended under the Public Utility Code, 66 Pa.C.S. § § 309-311, 315, 331-335, 501, 504-506, 523, 701-703, 1101-1103, 1301, 1501 and 1504.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.