1. (1) Pursuant to Subsection 63G-2-403(10), the Director may issue a subpoena sua sponte.

2. (2)(a) A party may request a subpoena for a witness by filing a written request with the Director at least 14 days before the hearing.

   1. (b) The request shall describe the purpose for which the subpoena is sought, and state specifically why, given that hearsay is available before the Director, the individual being subpoenaed must be present.

3. (3) The Director shall review each subpoena request and grant or deny the request based on the following considerations:

   1. (a) a weighing of the proposed witness's testimony as material and necessary; or
   2. (b) weighing the burden to the witness against the need to have the witness present.
   3. (c) If the Director grants the request, the Office will provide a blank subpoena form for the party to complete and submit for the Director's signature.
4. (4) A subpoenaed witness shall be entitled to witness fees and mileage reimbursement to be paid by the requesting party. Witnesses shall receive the same witness fees and mileage reimbursement allowed by law to witnesses in a state district court.

5. (5)(a) A subpoenaed witness may file a motion to quash the subpoena with the Director at least one week before the hearing at which the witness has been ordered to be present and shall simultaneously send a copy of that motion to the parties.

   1. (b) Such motion shall include the reasons for quashing the subpoena and shall be granted or denied by the Director based on the same considerations as outlined in Subsection R20-5-2(2).
6. (6) If the Director denies the request for subpoena, the denial is final and unreviewable.
7. (7) The Director has discretion to issue a subpoena to compel production of necessary testimony or evidence.

KEY: government documents, government records office, records appeal hearings, vexatious requester hearings

Date of Last Change: November 7, 2025

Authorizing, and Implemented or Interpreted Law: 63A-12-203; 63G-2-403(10); 63G-2-209(7)