Section 18-1020. SUBPOENAS

 

1020.1Subpoenas requiring the attendance of witnesses or the production of documentary or tangible evidence for the purpose of hearings or reviews may be issued by the examiner to whom the case is assigned, or, in the event that an examiner has not been assigned to a proceeding or the examiner is not available, by the Chief Examiner or the Director, upon application by a party to the proceeding.

 

1020.2Applications shall be in writing and in the form of a motion.

 

1020.3If application is made two (2) or more days prior to the hearing, the motion shall be acted upon prior to the hearing, unless all parties agree that it will be acted upon at the hearing.

 

1020.4If made during a hearing, the application (motion) may be made orally on the record with the consent of the examiner.

 

1020.5Motions for issuance of subpoenas shall contain a statement or showing of general relevance and reasonable scope of the evidence sought, and shall be accompanied by a description of any documentary or tangible evidence to be subpoenaed with as much particularity as is feasible.

 

1020.6Where it appears at a hearing that the testimony of a witness or documentary evidence is relevant to the issues in a proceeding, the examiner or Chief Examiner may issue on his or her own motion a subpoena requiring such witness to attend and testify or requiring the production of such documentary evidence.

 

1020.7Hearings and reviews of the Department shall be considered investigations or examinations of municipal matters within the meaning of the Act of July 1, 1902 (D.C. Code § 1-237). The provisions of D.C. Code §§ 4-601 through 4-603 shall be applicable with respect to enforcement of subpoenas issued under this section, and with respect to witness fees.

 

1020.8Any person upon whom a subpoena has been served may, within ten (10) days after service, but in any event prior to the return date thereof, file with the examiner assigned to the proceeding a motion to quash or to modify the subpoena and such filing shall stay the subpoena pending final action by the examiner on the motion.

 

1020.9The examiner assigned to the proceeding, or, in the event that an examiner has not been assigned to a proceeding or is not available, the Chief Examiner, shall rule on the motion promptly.