1. (1) General. The final decisionmaker, administrative law judge, or a party’s attorney of record may issue a subpoena in a contested case to compel the attendance of any witness or the production of relevant evidence.

2. (2) Request for subpoena. A party may request the administrative law judge or final decisionmaker to issue a subpoena on behalf of that party. The requesting party shall submit the proposed subpoena for signature by the administrative law judge or final decisionmaker, and shall mail or deliver a copy of the request to every other party. A party may object to a subpoena or subpoena request and may request a hearing on the objection. The administrative law judge or final decisionmaker shall not sign a subpoena in blank. A party requesting a subpoena is responsible for serving that subpoena, and for paying any service, witness or travel fees.

   Note: A person may request form subpoenas from the administrative law judge which may be used in preparing subpoenas under this section. If a person fails to comply with a department subpoena, that person may be compelled as provided under s. 885.12, Stats., or may be subject to penalties under s. 93.21 (4), Stats.

History

History: Cr. Register, May, 1992, No. 437, eff. 6-1-92; am. Register, June, 1999, No. 522, eff. 7-1-99; CR 09-054: am. (2) Register December 2010 No. 660, eff. 1-1-11.