1. (a) Issuance. Except for subpoenas issued upon the Board’s own motion, issuance of subpoenas will be as follows:

   1. (1) Subpoenas for the attendance of witnesses or for the production of documents will be issued only upon written application to the Board, with a copy of the application to the opposing party.
   2. (2) Written application shall specify as clearly as possible the relevance of the testimony or documentary evidence sought. Requests for documents must specify, to the extent possible, the documents desired.
   3. (3) Failure to adhere to this subsection may result in the refusal by the Board to issue the requested subpoenas.

2. (b) Service. Service of subpoenas shall be as follows:

   1. (1) A subpoena shall be served personally upon the witness by the party requesting the subpoena, who shall be responsible for witness fees.
   2. (2) Subpoenas for the production of documents shall be served upon the individual in possession of the documents, if known, or the agency head, who may designate a custodian of the documents.
   3. (3) Service shall be made at least 48 hours prior to the hearing, unless the witness agrees to waive the 48-hour requirement.
   4. (4) Failure to adhere to this subsection may result in a ruling by the Board denying the enforceability of the subpoena.
3. (c) Supersession. Subsection (a) supersedes 1 Pa. Code § 35.142(a) (relating to subpoenas). Subsection (b) supplements 1 Pa. Code § 35.142(b) and (c).

Authority

The provisions of this § 17.5 amended under section 207(i) of the Liquor Code (47 P. S. § 2-207(i)).

Source

The provisions of this § 17.5 adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5935; amended March 5, 2010, effective March 6, 2010, 40 Pa.B. 1149. Immediately preceding text appears at serial page (215289).