La. Admin. Code tit. 52 § I-1009

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-1009 - Subpoena of Witnesses and Production of Documents

A. The board, the ethics administrator, the executive secretary, and any specially designated agent of the board, shall have power to order the appearance of witnesses and to compel the production of books and papers pertinent to the issues involved in the hearing.

B. Any applicant desiring the issuance of a subpoena for any witness at the public hearing must apply for it, in writing, at least 10 days before the date fixed for the hearing and must give the name and physical address of the witness to whom the subpoena is to be directed.

C. In lieu of the issuance and service of formal subpoenas to state employees, the board or any person authorized by §1009 A, may request any agency to order any designated employee under its supervision to attend and testify at the hearing, and, upon being so ordered, the employee shall appear and furnish testimony.

D. Any applicant desiring the production of books, papers, photographs, or other items at any public hearing must apply for an appropriate order, in writing, at least 10 days before the date fixed for the hearing. Such request for the issuance of a subpoena duces tecum must describe the books or papers to be produced in sufficient detail for identification, must give the full name and physical address of the person required to make such production and the materiality of their production to the issues must be certified to by the applicant or his counsel.

E. A subpoena duces tecum issued pursuant to §1009 shall be returnable at the hearing or at such earlier date, time, and place as specified therein.

F. Authenticated copies of books, papers, photographs, or other items in the custody of any agency of the state, or any subdivision thereof, which have been subpoenaed may be admitted in evidence with the same effect as the originals, but if original books, papers, photographs, or other items are subpoenaed, they must be produced and made available for inspection, even though authenticated copies may be subsequently introduced.

G. The board or its chairman may, for cause deemed sufficient, issue an appropriate order at any time recalling any subpoena, subpoena duces tecum, or request issued by it or him under the provisions of this rule. The applicant may likewise obtain an order from the board recalling any subpoena, subpoena duces tecum, or request issued or caused to be issued by him.

La. Admin. Code tit. 52, § I-1009

Promulgated by the Department of Civil Service, Board of Ethics, LR 23:1295 (October 1997), amended LR 39:1417 (June 2013).

AUTHORITY NOTE: Promulgated in accordance with R.S. 42:1134(A).