- (1) The Department shall have the power in an Administrative Hearing to require the attendance of such witnesses and the production of such books, records, papers, or other tangible things as may be necessary and proper for the purpose of the hearing proceeding. It shall be the responsibility of the Hearing Official to issue the subpoena, but it shall be the responsibility of the parties involved in the case to request of the Hearing Official the issuance of a subpoena and the responsibility of the requesting party to properly serve the subpoena. Subpoenas may be served at any place within the State by certified mail in addition to means of service provided by the Tennessee Rules of Civil Procedure.
(2) The Hearing Official may at or before the time specified in the subpoena for compliance:
- (a) Void or modify the subpoena if it is unreasonable and oppressive, or
- (b) Tax the party making the request with reasonable costs in the production of books, papers, documents, or other tangible things.
Authority: T.C.A. § 4-5-311. Administrative History: Original rule filed January 19, 1977; effective February 18, 1977. Amendment filed December 17, 1982; effective March 16, 1983. Amendment filed February 26, 2007; effective May 12, 2007. Amendments filed June 13, 2025; effective September 11, 2025.