(a) Issuance.
- (1) Subpoenas requiring the attendance of a witness from any place in the state at any designated place of hearing for the purpose of taking the testimony of such witness orally before the State Highway Commission or one (1) or more commissioners or examiner may be issued by any commissioner, examiner, or the secretary.
- (2) Subpoenas for the production of books, accounts, papers, and other documents, unless directed to be issued by the commission upon its own motion, will only be issued in the discretion of the commission, commissioners, or examiner upon written petition which shall state as nearly as possible the books, accounts, papers, and other documents desired to be produced and the purpose of their production.
- (3) No original subpoenas shall be issued by the commission or any of the officers authorized to issue subpoenas unless the applicant therefor first establishes that he or she has a proper relation to the matter, and unless said applicant for subpoena gives the names and addresses of all witnesses for whose attendance the power of the commission is invoked, which names and addresses shall be inserted in the original subpoena.
- (4) Copy of said original subpoena shall be filed in the papers in the proper action.
- (5) Request by mail or wire from proper applicant conforming to this section is sufficient.
- (6) In no case shall blank-signed and sealed original subpoenas be issued to anyone.
- (7) When a witness is present, he or she may be called by either party or by the commission.
- (b) Service. The original subpoena shall be exhibited to the person served and shall be read to him or her if he or she is unable to read, and a copy thereof shall be delivered to him or her by the officer or person making service.
(c) Return.
- (1) If service of subpoena is made by court officer or his or her deputy, such service shall be evidenced by his or her return thereon.
- (2) If made by any other person, such person shall make affidavit thereof, stating the date, time, and manner of service, and return such affidavit on, or with, the original subpoena.
- (3) In case of failure to make service, the reasons for the failure shall be stated on the original subpoena.
- (4) The written acceptance of a subpoena by the person named therein shall be sufficient without other evidence of return.
- (5) The original subpoena, bearing or accompanied by the required return, affidavit, statement, or acceptance of service, shall be returned forthwith to the secretary of the commission or, if so directed on the subpoena, to the officer presiding at the hearing at which the person subpoenaed is required to appear.
- (d) Witness fee. A witness who is summoned and responds thereto is entitled to the same fee as is paid for like service in the courts of the State of Arkansas, such fee to be paid by the party at whose instance the testimony is to be taken at the time the subpoena is served.