La. Admin. Code tit. 33 § I-351

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-351 - Subpoenas

A. The issuance of a subpoena shall be by order of the presiding officer and upon written request of a party directed to the administrative hearings clerk, whose duty and function it shall be to process all subpoenas.

B. Failure of a witness to appear or respond to a subpoena will not be grounds for a continuance unless:

1. the testimony of the witness is shown to be material, relevant, and not merely cumulative to the proceeding; and

2. the request for the subpoena was received by the administrative hearings clerk at least 15 days prior to the date required for appearance or return on the subpoena, or for good cause shown.

C. To request the issuance of a subpoena, the following procedure shall be followed:

1. unless otherwise ordered by the presiding officer, the subpoena shall be prepared by the requester;

2. the subpoena must include the heading contained in LAC 33:I.331.B and contain the name of the party and the representative requesting the subpoena; the complete name of the person being subpoenaed; the specific service address (with directions if necessary); whether personal service is necessary; a sufficient description of any document or item to be produced; and the date, time, place, and proceeding for which the subpoena is requested;

3. a subpoena adapted from the Louisiana Code of Civil Procedure formulary is acceptable. Sample subpoena forms are available from the administrative hearings clerk; and

4. a request on behalf of any party other than the department shall state the number of miles between the witness's address and the place where the appearance and/or return is to be made and be accompanied by a check made payable to the department in the amount to cover costs, including the following:

a. service fees due whenever a private process server or any other person authorized by law is utilized to obtain service; and

b. and an amount sufficient to cover witness fees pursuant to R.S. 49:956(5).

D. The presiding officer may fix expert witness fees in accordance with R.S. 49:950 et seq.

E. For good cause the presiding officer may issue any order necessary to protect a party or person from a subpoena which may cause disclosure of confidential information, undue burden or expense, annoyance, embarrassment, or oppression.

La. Admin. Code tit. 33, § I-351

Promulgated by the Department of Environmental Quality, Office of the Secretary, Administrative Hearings Division, LR 21:561 (June 1995).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.