Section 820-1-2-.15 - Witnesses And Subpoenas (Alabama Administrative Code)

§ 820-1-2-.15. Witnesses And Subpoenas

(1) The Secretary or any hearings examiner appointed by the Secretary may require the attendance of witnesses or require any person, firm or corporation subject to its jurisdiction to produce at such reasonable time and place to be designated within the State, books, records, documents or accounts kept by such persons, firms or corporations either within or without the State of Alabama. Subpoenas for the attendance of witnesses or for the production of books, records, documents, or accounts (unless directed to issue by the Secretary or the presiding hearings examiner thereof ex mero motu) will only be issued upon application in writing, and when it is sought to compel witnesses, that are not parties to the proceedings, to produce such documentary evidence, the application must be sworn to and must specify as nearly as may be the books, records, documents, or accounts desired, and that the same are in possession of witness or under his control, and that they contain evidence material to the issue, in the belief of the Applicant.

(2) A witness who is summoned and responds thereto is entitled to the same fee, including mileage, on the same basis as witnesses in Civil Suits in Courts of Record of Alabama, such fee to be paid by the party at whose instance the testimony is taken at the time the subpoena is served.

(3) In case of failure to comply with a subpoena or order directing discovery, the Secretary may invoke the aid of any appropriate court of this state to require compliance, and the Secretary may issue such orders as are just.

Author: Charles E. Grainger, Jr.

(New Rule: Filed January 10, 2001; effective February 14, 2001.)

Statutory Authority: Code of Ala. 1975, § 41-22-4.

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