Ariz. Admin. Code § 12-14-620

Current through Register Vol. 30, No. 49, December 6, 2024

Section R12-14-620 - Subpoenas

A. Form. As provided by A.R.S. § 41-1092.07 and A.R.S. § 41-1092.10, any party may request a subpoena in writing from the Commission and shall include in the request:

1. The caption of the Appealable Agency Action;

2. A list or description of any documents sought;

3. The full name and home or business address of the custodian of the documents sought or all persons to be subpoenaed;

4. The date, time, and place to appear or to produce documents pursuant to the subpoena; and

5. The name, address, and telephone number of the party, or the party's attorney, requesting the subpoena.

B. The Commission may require a brief statement of the relevance of testimony or documents.

C. Service of subpoena. Any person who is not a party and is at least 18 years of age may serve a subpoena. The person shall serve the subpoena by delivering a copy to the person to be served. The person serving the subpoena shall provide proof of service by filing with the Arizona Power Authority a certified statement of the date and manner of service and the name of the person served.

D. Objection to subpoena. A party, or the person served with a subpoena who objects to the subpoena, or any portion of it, may file an objection with the Commission. The objection shall be filed within 5 days after service of the subpoena, or at the outset of the hearing if the subpoena is served fewer than 5 days before the hearing.

E. Quashing, modifying subpoenas. The Commission shall quash or modify the subpoena if:

1. It is unreasonable or oppressive, or

2. The desired testimony or evidence may be obtained by an alternative method, or

3. The existing administrative record contains the information and evidence that would otherwise be proffered pursuant to the subpoena.

Ariz. Admin. Code § R12-14-620

Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.