Utah Admin. Code R35-5-2 - Subpoenas
(1) To initiate a
request for a subpoena, a party shall file a written request with the Committee
Chair at least 16 days prior to a hearing. The request shall describe the
purpose for which the subpoena is sought, and state specifically why, given
that hearsay is available before the Committee, the individual being subpoenaed
must be present.
(2) The Committee
Chair shall review each subpoena request and grant or deny the request within
three business days, based on the following considerations:
(a) a weighing of the proposed witness's
testimony as material and necessary; or
(b) a weighing of the burden to the witness
against the need to have the witness present.
(3) If the Committee Chair grants the
subpoena request, the requesting party may obtain a subpoena form, signed, but
otherwise blank, from the Executive Secretary. The requesting party shall fill
out the subpoena and have it served upon the proposed witness at least seven
business days prior to a hearing.
(4) A subpoenaed witness shall be entitled to
witness fees and mileage reimbursement to be paid by the requesting party.
Witnesses shall receive the same witness fees and mileage reimbursement allowed
by law to witnesses in a state district court.
(5) A subpoenaed witness may file a motion to
quash the subpoena with the Executive Secretary at least one week before the
hearing at which the witness has been ordered to be present, and shall
simultaneously send a copy of that motion to the parties. Such motion shall
include the reasons for quashing the subpoena, and shall be granted or denied
by the Committee Chair based on the same considerations as outlined in
Subsection R35-5-2(2). As
part of the motion to quash, the witness must state whether a hearing on the
motion is requested. If a hearing is requested, it shall be granted. All
parties to the appeal have a right to be present at the hearing. The hearing
must occur prior to the appeal hearing. The hearing may be in person or held
electronically, as determined by the Committee Chair. A decision on the motion
to quash shall be made prior to the appeal hearing.
(6) If the Committee Chair denies the request
for subpoena, the denial is final and unreviewable.
(7) The Committee may issue a subpoena to
compel production of necessary testimony or evidence in a vexatious requester
hearing. While the subpoena is pending, the Executive Secretary shall add it to
the agenda as a possible action item. If the subject of the subpoena fails to
comply or disobeys the subpoena, the Committee may vote to file a motion with
the district court.
Notes
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