2115.1 A hearing examiner shall have authority to issue a subpoena for the appearance of witnesses or the production of documents, sua sponte or upon the filing of a motion.

2115.2 Each motion for a subpoena shall identify the relevance of the documents sought or witnesses requested, and shall be filed not later than ten (10) days prior to the hearing.

2115.3 If a motion for subpoena is granted, the moving party shall serve the subpoena in the manner required by §§ 714.1(a) and (c), and shall serve a copy of the subpoena and proof of service upon the opposing party within one (1) day.

2115.4 Proof of service of a subpoena shall be filed with OHE within three (3) days following service of the subpoena, or one (1) day prior to the hearing, whichever is earlier.

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017).