Ala. Admin. Code r. 480-1-3-.07

Current through Register Vol. 43, No. 1, October 31, 2024

Section 480-1-3-.07 - Subpoenas

(1) Upon a proper request by either party or an intervenor, the Board may issue a subpoena to compel the attendance of a witness or witnesses or may command the person to whom it is directed to produce designated books, papers, documents or tangible things which constitute or contain matters within the scope of the examination. Whether a subpoena shall be issued shall rest within the sound discretion of the Chairman of the Board and may be denied if it is frivolous or otherwise unnecessary or if the request is unreasonable or oppressive. Subpoenas for witnesses shall not exceed four (4) in number except upon an affirmative showing that a greater number is required for the proper presentation of a case. A request for a subpoena duces tecem shall set forth with particularity the documents or things to be produced and the identity of the custodian. All requests for subpoenas shall include addresses sufficient for personal service and service by certified mail.

(a) Subpoenas issued by the Board shall be served by certified mail or by any authorized officer of the Department of Industrial Relations. No fee shall be allowed for such personal service.

(b) Subpoenas issued by the Board shall be enforceable according to the provisions of Code of Ala. 1975, § 25-4-97.

(2) Witnesses subpoenaed for any hearing before the Board shall be paid witness and mileage fees by the Department of Industrial Relations in accordance with the following schedule: $7.50 per day while in attendance and fifteen cents (.15) per mile for each mile to and from their place of residence by the usually traveled routes. Under no circumstances shall a party to a hearing or an intervenor be granted witness fees.

(a) Witness fees and mileage shall be claimed no later than the time of hearing and shall be certified to by the witness and approved by the Board.

Authors: George Cocoris, Carl E. Kohler

Statutory Authority: Code of Ala. 1975, §§ 25-2-17, 25-4-94.

History:

Ala. Admin. Code r. 480-1-3-.07