Title 9 Part 7849

In the event evidentiary hearings are conducted by the board, any party to these hearings may, by written application, request that the hearing officer, or the chair if no hearing officer is appointed, issue a subpoena to compel the attendance of a witness at an evidentiary hearing. An application for a subpoena shall state the specific reason or reasons why the attendance of the subpoenaed witness is necessary to the conduct of the hearing. The board may also issue subpoenas to compel attendance on its own initiative.

Any interested person may, by written application, request that the chair, or a hearing officer if one is appointed by the chair, issue a subpoena duces tecum to compel the production of papers or other documents. An application for a subpoena duces tecum, which can be made at any point during the State energy planning proceeding, shall set forth the specific papers or other documents desired and the reasons why those papers or documents are necessary to the conduct of the energy planning proceedings. The board may also issue subpoenas duces tecum on its own initiative.

All subpoenas, applications for subpoenas and any responses thereto shall be served on the person in whose custody or control the papers or documents sought reside or the person whose attendance is sought to be compelled, on the chair, on the hearing officer, if any, and on each party.

An application for a subpoena shall be made at least 15 days prior to the date of the evidentiary hearing at which the witness would attend or the date on which the papers or other documents would be produced.

The person who is the subject of an application under section 7849.1 or 7849.2 of this Part may submit a written response within five days of receipt of the application. A person who fails to reply within five days shall be deemed to have consented to the application and shall comply with the subpoena.