Utah Admin. Code R25-3-8 - Informal Adjudicative Proceedings - Subpoenas
(1) Subpoena power. Pursuant to Subsection
63G-4-203(1)(e),
the Appeal Authority may issue subpoenas to witnesses and may obtain documents
or other evidence in conjunction with any inquiry, investigation, hearing, or
other proceedings.
(a) The Appellant has the
right to require the production of books, papers, records, documents, and other
items pertinent to the facts at issue that are within the control of the
governmental entity against which the Appeal is lodged, and which are not held
to be protected or privileged by law. Affidavits and ex parte statements
offered during a hearing may be received and considered by the Appeal
Authority.
(b) A person receiving a
subpoena issued by the Appeal Authority will find the title of the proceeding
posted thereon, and the person to whom it is directed shall be compelled to
attend and give testimony. A subpoena ducestecum may be used to produce
designated books, or other items at a specified time and place when these items
are under an agency's or a person's control.
(c) A request by counsel or a Party's
representative to issue a subpoena must be reasonable and timely. At least 5
full working days' notice prior to a scheduled hearing must be given to the
Appeal Authority, not counting preparation and delivery time. The requesting
Party shall simultaneously notify the other Parties of the request.
(d) The original of each subpoena is to be
presented to the person named therein, and, if applicable, a copy shall be
issued to the counsel or representative of each Party.
(2) Service of subpoenas. Service of
subpoenas shall be made by the requesting Party delivering the subpoena to the
person named, unless the Appeal Authority is requested to deposit the subpoena
properly addressed and postage prepaid, with the U.S. Postal Service, or to
send it by State Mail and Distribution Services, or to send it by e-mail, or in
any combination.
(3) Proof of
service. If service has not been acknowledged by the witness, the server may
make an affidavit of service. Failure to make proof of service does not affect
the validity of the service.
Notes
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