(a) Procedure for requesting subpoena.
- (1) A subpoena for the attendance of witnesses or for the production of documents will be issued only upon written request to the presiding officer, with a copy to the non-requesting party. Notwithstanding the forgoing, the presiding officer may, by their own motion, issue a subpoena for the attendance of witnesses or the production of documents.
- (2) A written request shall specify the relevance of the testimony or documentary evidence sought. For documentary evidence, the request must specify, to the extent possible, the documents desired and the facts to be proved thereby.
- (3) A subpoena for new or additional witnesses will not be issued after a hearing has been started and continued unless orally requested on the record at the hearing and approved by the presiding officer; except that subpoenas issued prior to the start and continuance of the hearing may be reissued upon written request.
- (4) Failure to adhere to the requirements of this subsection may result in the refusal to issue the requested subpoena.