646 Ind. Admin. Code 5-10-13

Current through November 6, 2024

Section 646 IAC 5-10-13 - Witnesses; subpoenas; limitation

Authority: IC 22-4-18-1; IC 22-4.1-3-3

Affected: IC 22-4-17-8; IC 22-4.1

Sec. 13.

(a) Whenever the attendance of a witness, or the production of documents or other evidence, is desired by any party to a hearing, the party must request the issuance of a subpoena. The request must be submitted to the administrative law judge in writing or by telephone directed to the clerk of the administrative law judge. If the request is made by telephone, the clerk will:

(1) take the information from the requesting party; and

(2) submit the request to the administrative law judge for consideration.

The request must be made in time for the subpoena to be issued, and served, prior to the time and date of the hearing. The request will be granted or denied at the discretion of the administrative law judge.

(b) A subpoena shall be issued only upon a showing of necessity by the party requesting the subpoena. The request for a subpoena must contain:

(1) the name and address of the individual being subpoenaed; and

(2) a description of the document, record, or object to be produced.

(c) A subpoena, or a denial of a request for a subpoena, shall be served on all interested parties by the clerk of the administrative law judge. Subpoenas shall be enforced in the manner set forth in IC 22-4-17-8.

646 IAC 5-10-13

Department of Workforce Development; 646 IAC 5-10-13; filed Apr 26, 2011, 11:23 a.m.: 20110525-IR-646100464FRA

Readopted filed 11/27/2017, 3:22 p.m.: 20171227-IR-646170447RFA

Filed 2/25/2019, 2:18 p.m.: 20190327-IR-646180408FRA, eff 3/30/2019

Readopted filed 6/16/2023, 1:21 p.m.: 20230712-IR-646230344RFA