Rule 350-4-.17 - Subpoenas(1) The Administrative Law Judge shall have the authority to issue subpoenas requiring the attendance and testimony of witnesses and the production of objects or documents at depositions or hearing.(2) Every subpoena shall be prepared by the requesting party and issued by the Administrative Law Judge on behalf of the Commissioner, shall state the title of the action, and shall command each person to whom it is directed to attend and give testimony or produce objects or documents in his possession or control or to do both at a time and place therein specified. Requests for subpoenas shall be filed at least five (5) days prior to the hearing or deposition at which the attendance of the witness or the production of the documents or objects is sought, unless there is good cause shown for submitting a request less than five (5) days in advance. The party requesting the subpoena shall be responsible for serving the same sufficiently in advance of the hearing to secure the attendance of the witness or the availability of such objects or documents at the title of the hearing.(3) Failure of appearance by a witness, whether required by subpoena or not, may constitute grounds for a continuance or for other action. In determining what action to take, the Administrative Law Judge shall consider the materiality of the testimony, documents, or objects sought, potential prejudice and inconvenience to the parties, and the likelihood of obtaining compliance with a subpoena. The Administrative Law Judge may order whatever action he deems appropriate to the circumstances.(4) When a subpoena is disobeyed, any party may apply to the superior court of the county where the case is being heard for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court.Ga. Comp. R. & Regs. R. 350-4-.17
Ga. L. 1977, pp. 384, 391; O.C.G.A. Sec. 49-4-142(a), 153.
Original Rule was filed on April 11, 1978; effective May 1, 1978.Repealed: ER. 350-4.0.4-.17 adopted. F. Oct. 5, 1989; eff. Sept. 29, 1989, the date of adoption, to remain in effect for 120 days or until adoption of a permanent Rule superseding said Emergency Rule, as specified by the Agency.Repealed: Permanent Rule entitled "Subpoenas" adopted. F. Oct. 4, 1989; eff. Nov. 1, 1989, as specified by the Agency.