1. (a) Parties shall arrange for the presence of their witnesses at the hearing. Subpoenas are permitted but discouraged because the parties shall first try in good faith to secure the voluntary participation of their witnesses.
2. (b) In accordance with the procedures set forth in Government Code sections 11450.05 to 11450.50, subpoenas may be issued for the attendance of witnesses at the hearing, and subpoenas duces tecum may be issued for the production of documents at any reasonable place and time or at the hearing. A subpoena duces tecum shall not be used to circumvent the scope of discovery authorized by section 17063.13.
3. (c) A party requesting a CHO hearing officer issue a subpoena or subpoena duces tecum shall make a showing of the need therefor and submit the request at least 40 days before the date specified for commencement of the hearing in the Notice of Hearing or Notice of Continued Hearing. The burden of serving and enforcing a subpoena shall be upon the party who requested the subpoena.
4. (d) All subpoenas and subpoenas duces tecum shall be served in accordance with Government Code section 11450.20 at least 30 days before the date specified for commencement of the hearing in the Notice of Hearing or at least ten days before the date specified for commencement of the hearing in the Notice of Continued Hearing.
5. (e) Any motion made under Government Code section 11450.30 shall be filed with the presiding officer as soon as reasonably possible, but no later than five days after service of the subpoena or three days before the date specified for appearance or production of records, whichever is earlier. The movant shall serve copies of the motion on all parties. The motion shall comply with section 17063.16.
6. (f) Upon a timely motion of a party or a witness, or on the presiding officer's own motion, the presiding officer may order the quashing of a subpoena or subpoena duces tecum entirely, may modify it, or may direct compliance with it upon other terms and conditions.
7. (g) Witnesses and custodians of records subpoenaed for any hearing are entitled to fees and mileage as outlined in Government Code section 11450.40. The party requesting the subpoena shall be responsible for paying all fees and costs associated with the subpoena, including witness fees and mileage. If the CHO issues a subpoena on behalf of a self-represented party, the self-represented party shall bear the financial responsibility for all associated costs.

Note: Authority cited: Section 11400.20, Government Code; and Sections 14536 and 40502, Public Resources Code. Reference: Sections 11400.20, 11450.05, 11450.10, 11450.20, 11450.30, 11450.40 and 11450.50, Government Code.

History

1. New section filed 5-12-2026; operative 7-1-2026 (Register 2026, No. 20).