Ill. Admin. Code tit. 77 § 100.14

Current through Register Vol. 48, No. 44, November 1, 2024

Section 100.14 - Subpoenas

a)Subpoenas requiring the attendance and the giving of testimony by witnesses, and subpoenas duces tecum requiring the production of books, papers, records or memoranda, may be issued by the Director or the administrative law judge upon his or her own motion or upon the written request of any party upon a showing of the relevancy of the request to the issues in the hearing. For good cause shown, the Director or the administrative law judge may deny or modify the request for subpoenas. Alternatively, an attorney of record may issue subpoenas pursuant to Section 2-1101 of the Code of Civil Procedure. Copies of the subpoenas and any documents obtained by subpoenas duces tecum shall be promptly served on all other parties. No Department employee shall be subject to a subpoena without prior express authorization of the administrative law judge.

b)Subpoenas issued by the Director or the administrative law judge upon the request of a party to the proceeding shall be delivered to the requesting party, who shall be responsible for serving the subpoenas. Subpoenas shall be served personally or by certified mail at least seven days before the date on which appearance or production is required. Copies of the subpoenas and any documents obtained by subpoenas duces tecum shall be promptly served on all other parties.

c)The witness fee for attendance and travel shall be the same as the fee of witnesses before the circuit courts of this State. When a witness is subpoenaed by the Director, or by the administrative law judge upon his or her own motion or upon the request of the Department, the witness fee shall be paid in the same manner as other expenses of the agency.

d)The appearance at the hearing of a party, or a person who at the time of the hearing is an officer, director or employee of a party, may be required by serving the party with a notice designating the person who is required to appear at least seven days before the date on which appearance is required.

e)Subpoenas shall be enforced in the same manner as subpoenas issued by the circuit courts of this State.

Ill. Admin. Code tit. 77, § 100.14

Amended at 34 Ill. Reg. 11768, effective July 30, 2010

Amended at 38 Ill. Reg. 19538, effective 9/22/2014