Ala. Admin. Code r. 770-X-4-.18

Current through Register Vol. 42, No. 12, September 30, 2024

Section 770-X-4-.18 - Witnesses And Subpoenas

(1) A Commissioner or any Administrative Law Judge appointed by the Commission 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 Commission or the presiding Commissioner or Administrative Law Judge 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 Commission may invoke the aid of any appropriate court of this state to require compliance, and the Commission may issue such orders as are just.

Ala. Admin. Code r. 770-X-4-.18

Effective April 1980. Amended January 1993. Filed for Codification in the Alabama Administrative Code by the Alabama Public Service Commission on February 5, 2013, pursuant to Code of Ala. 1975, § 41-22-7.

Author: Alabama Public Service Commission

Statutory Authority:Code of Ala. 1975, §§ 37-1-38, 37-1-63, 37-1-86, 37-1-89, 37-1-91, 37-1-92, 37-1-93.