Ill. Admin. Code tit. 26 § 125.360

Current through Register Vol. 48, No. 49, December 6, 2024

Section 125.360 - Subpoenas

a) Upon application to the Hearing Officer by any party, or upon the request of the Hearing Officer, the General Counsel may issue a subpoena in the name of the Board for attendance at a deposition or hearing, which may include a command to produce books, papers, documents or tangible things designated in the subpoena and reasonably necessary to resolution of the matter under consideration, subject to the limitations on discovery prescribed by Section 125.350. The Hearing Officer, upon motion, and in any event at or before the time specified in the subpoena for compliance, may quash or modify the subpoena if it is unreasonable or oppressive.

b) Every subpoena shall state the title of the action and shall command each person to whom it is directed:

1) to attend and give testimony at the time and place specified; and/or

2) to produce books, papers, documents or tangible things designated in the subpoena at the time and place specified.

c) A subpoena duces tecum may be limited to the production of documents and not require personal attendance of the person to whom it is directed.

d) The party requesting the issuance of a subpoena shall tender with the request a check reimbursing the witness for the round trip cost of travel between the witness' place of residence and the place where his or her presence is requested. Reimbursement shall be equal to that provided by statute for civil costs in the Circuit Courts of Illinois.

e) On written request of the Hearing Officer or party requesting issuance of the subpoena, the General Counsel may request an order from the Board to enforce the subpoena in Circuit Court.

Ill. Admin. Code tit. 26, § 125.360

Amended at 35 Ill. Reg. 2351, effective February 4, 2011

Amended at 47 Ill. Reg. 5503, effective 3/30/2023