Section R6-13-151. Subpoenas

A.      A party who wishes to have a witness testify at a hearing or to offer a particular document or item in evidence shall first attempt to obtain the witness or evidence by voluntary means. Department documents are available to the appellant as pre- scribed in R6-13-152(2).

B.       If the party cannot procure the voluntary attendance of the wit- ness or production of the evidence, the party may ask the hear- ing officer assigned to the case to issue a subpoena for a witness, document, or other physical evidence or to otherwise obtain the requested evidence.

C.      The party seeking the subpoena shall send the hearing officer a written request for a subpoena. The request shall include:

1.        The case name and number;

2.        The name of the party requesting the subpoena;

3.        The name and address of any person to be subpoenaed, with a description of the subject matter of the witness’s anticipated testimony;

4.        A description of any documents or physical evidence the appellant desires the hearing officer to subpoena, includ- ing the title, appearance, and location of the item if the appellant knows its location, and the name and address of the person in possession of the item;

5.        A statement about the expected substance of the testi- mony or other evidence as well as the relevance and importance of the requested testimony or other evidence; and

6.        A description of the party’s efforts to obtain the witness or evidence by voluntary means.

D.      A party who wants a subpoena shall ask for the subpoena at least five days before the scheduled hearing date.

E.       The hearing officer shall deny the request if the witness’s testi- mony or the physical evidence is not relevant to an issue in the case or is duplicative.

F.       The Office of Appeals shall prepare all subpoenas and serve them by mail, except that the Office of Appeals may serve subpoenas to state employees who are appearing in the course of their jobs, by regular mail, hand-delivered mail, electronic mail, or interoffice mail.

Historical Note

New Section made by final rulemaking at 18 A.A.R.

1175, effective June 30, 2012 (Supp. 12-2).