Section 1-2974. PUBLIC BENEFITS CASES - SUBPOENAS  


Latest version.
  •  

    2974.1 Any party may file a request in writing for an Administrative Law Judge to issue a subpoena to require a witness to attend a hearing.

     

    2974.2 The Administrative Law Judge shall issue a subpoena under this section if it is likely that the witness will be able to provide testimony that will be helpful in deciding the case, and if requiring the witness to appear will not be unduly burdensome, or otherwise contrary to law.

     

    2974.3 Any party also may request a subpoena to require a witness to bring documents, photographs, or other things to the hearing.  The Administrative Law Judge will issue a subpoena if it is likely that the requested items will be helpful in deciding the case, and if requiring those items to be produced will not be unduly burdensome, or otherwise contrary to law.

     

    2974.4 A form to be used to request a subpoena is available from OAH.

     

    2974.5 If an Administrative Law Judge issues a subpoena, the party requesting the subpoena must deliver it pursuant to Subsections 2824.6 through 2824.9 and 2824.11.  Unless otherwise ordered by an Administrative Law Judge, delivery shall be made at least two days before the hearing. 

     

     

authority

Sections 8(a)(7) and 8(b)(7) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code §§ 2-1831.05(a)(7) and (b)(7) (2012 Repl.)).

source

Final Rulemaking published at 53 DCR 2009 (March 17, 2006); as amended by Final Rulemaking published at 57 DCR 12541, 12584 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016).