Ala. Admin. Code r. 480-1-4-.06

Current through Register Vol. 42, No. 8, May 31, 2024

Section 480-1-4-.06 - Subpoenas And Depositions

(1) Upon a proper request by either party or an intervenor, the Hearing Officer 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 Hearing Officer 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 tecum 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 Hearing Officer 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 Hearing Officer shall be enforceable according to the provisions of Code of Ala. 1975, § 25-4-97.

(2) Witnesses subpoenaed for any hearing before a Hearing Officer shall be paid witness and mileage fees by the Department of Labor in accordance with the following schedule: $7.50 per day while in attendance and mileage reimbursement at the current rate for state mileage reimbursement 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 Hearing Officer.

Ala. Admin. Code r. 480-1-4-.06

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 10, July 31, 2019, eff. 8/26/2019.

Authors: George Cocoris, C. Lamon Till, Venessa Watkins

Statutory Authority:Code of Ala. 1975, § 25-2-8.