Title 4 Part 211

Scope

subpoenas to compel the attendance of a person to testify at a hearing conducted by the board or

a designee of the board on behalf of a party or subpoenas requiring the production of books,

papers, documents or other objects on behalf of a party.

subpoena pursuant to law.

Issuance of subpoenas

All agency subpoenas shall be issued at the discretion of the presiding administrative law judge

or other presiding officer or agent of the board (hereafter referred to as the administrative law

judge). The administrative law judge may grant or deny any subpoena request in whole or in

part. Requests for a subpoena filed within ten working days of a scheduled hearing date will not

be considered absent good cause shown by the party requesting the subpoena.

Request for subpoena

written affirmation, conforming to the requirements of this Part. The affirmation shall be signed

and shall state “I affirm under penalties of perjury under the laws of New York, which may

include a fine or imprisonment, that the foregoing is true, and I understand that this document

will be filed in a proceeding before the Public Employment Relations Board and may be filed in

an action or proceeding in a court of law.”

and address of each individual for whom the subpoena is sought; (2) facts sufficient to establish

the relevancy of the testimony to be adduced pursuant to the subpoena; and (3) that a copy of the

subpoena request and affirmation has been served upon all other parties.

other objects. Such affirmation must specify: (1) the books, papers, documents or other objects to

be produced pursuant to the subpoena; (2) facts sufficient to establish the relevancy of the

materials to be produced; and (3) that a copy of the subpoena request and affirmation has been

served upon all other parties.

proof of service upon all other parties, within five working days after its receipt of the subpoena

request.

Service of subpoena

request and shall furnish the party requesting the subpoena a completed subpoena form if the

request has been granted in any respect.

responsibility of the requesting party and shall be made as required by law.

Time and place for production of documents

Any books, papers, documents or other objects ordered pursuant to this Part shall be produced at

the date and time specified in the notice of hearing and/or at any adjourned dates as directed by

the administrative law judge unless production of the subpoenaed material at a reasonable time

before the scheduled hearing date is necessary in the judgment of the administrative law judge to

avoid unreasonable delay in the commencement of the hearing due to the volume and/or the

complexity of the material to be produced.

Motion to withdraw or modify

law judge on notice to all parties, to withdraw or modify any subpoena issued pursuant to this

Part.

subpoena so as not to interfere with the processing of the case.

issued pursuant to this Part for good cause.

Failure to honor a subpoena

served, the default shall be noted in the record.

to allow the party who has requested the subpoena a reasonable opportunity to obtain compliance

with the subpoena in accordance with applicable law.