Current through September, 2024
Section 5-34-13 - Subpoenas; where provided by law; form(a) A hearings officer, sua sponte, or at the request of a party, shall have the power to issue subpoenas requiring the attendance of witnesses or the production of documents or things at the hearing. The hearings officer may require that any request for the issuance of a subpoena identify with particularity the person to be subpoenaed or the documents or things desired. Witnesses summoned shall be paid the same fees and mileage as are paid witnesses in family court in the state. Every subpoena shall state the name of the department and the title of the proceeding, and shall command the person to whom it is directed to attend and give testimony or to produce the documents or things designated. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to such person the fees for one day's attendance and the mileage allowed by law. The party requesting issuance of the subpoena shall be responsible for preparation and service of the subpoena and for tendering payment of any fees for attendance and mileage required by law. When the subpoena is issued on behalf of the State or a county, or an officer or agency of the State or a county, fees for attendance and mileage need not be tendered.(b) Upon motion timely made, or upon the hearings officer's own motion, the hearings officer may quash or modify the subpoena if it is unreasonable or oppressive.[Eff 2/13/89; am and comp OCT 31, 1991; am and comp DEC 24 2001] (Auth: HRS §§ 576E-2, 91-2) (Imp: HRS §§ 91-2, 576E-2, 576E-10)