Iowa Admin. Code r. 871-26.13

Current through Register Vol. 47, No. 6, September 18, 2024

Rule 871-26.13 - Subpoenas for witnesses and documents

(1) It is the responsibility of the parties to request the attendance of witnesses the parties believe have knowledge of the facts in issue in the contested case.

(2) Upon the written request of a party in interest received at least three days prior to the hearing date, the presiding officer shall issue a subpoena compelling the attendance of a person at the contested case hearing.

(3) The written request shall include:

a. The full name and mailing address or email address of the person to be served; and

b. A statement of the relevance of the witness's testimony and that it will not repeat or duplicate the testimony of other witnesses.

(4) Upon the written request of a party in interest received at least three days prior to the hearing date, the presiding officer shall issue a subpoena duces tecum for documents or other items believed to be relevant to the facts in issue in the contested case. The request must specifically describe the items to be provided pursuant to the subpoena duces tecum.

(5) Documents or other items subpoenaed for hearings shall be mailed, faxed, or emailed to the appeals bureau and to the other parties to the proceeding prior to the hearing date.

(6) If the presiding officer deems it appropriate, the entity or person to whom a subpoena is directed shall be notified and given the opportunity to object to its issuance.

a. If an objection to the issuance of the subpoena is raised, the presiding officer, as a matter of discretion, may hear and rule on the objection prior to commencing the evidentiary hearing or may postpone the evidentiary hearing and schedule a special hearing to receive arguments from all parties concerning the issuance of the subpoena.

b. The presiding officer shall issue the subpoena if it is established to the presiding officer's satisfaction that the testimony or document sought is material and relevant, is not unduly repetitious of other evidence already of record or expected to be submitted by any party, and, in the case of the subpoena duces tecum, the records requested do not disclose business secrets or cause undue burden on the party to whom the subpoena is directed.

(7) If the subpoena is granted over objection, the aggrieved party may, in accordance with Iowa Code section 17A.13(1), petition the district court for review of the action before proceeding further. The aggrieved party must promptly notify the presiding officer that a petition for judicial review of the subpoena order will be filed immediately so the contested case may be postponed until the court has issued its ruling. Nothing herein shall preclude an aggrieved party from including the granting or denial of a subpoena as grounds for appeal of the presiding officer's decision in the contested case to the employment appeal board of the department of inspections and appeals or directly to the district court.

(8) If any entity or person to whom a subpoena is directed refuses to honor the subpoena, the aggrieved party may, in accordance with Iowa Code section 17A.13(1), apply to the appropriate district court for an order to compel the entity or person to obey the subpoena.

Iowa Admin. Code r. 871-26.13

Amended by IAB March 29, 2017/Volume XXXIX, Number 20, effective 5/3/2017

Amended by IAB December 20, 2017/Volume XL, Number 13, effective 1/24/2018

Amended by IAB February 22, 2023/Volume XLV, Number 17, effective 3/29/2023