Okla. Admin. Code § 45:1-5-2

Current through Vol. 42, No. 6, December 2, 2024

Section 45:1-5-2 - Requests for subpoenas

(a) It is hereby provided that in all cases where a licensee desires the Commission to issue subpoenas to compel the attendance of witnesses after a Notice of Contemplated Denial of License or Suspension or Revocation thereof has been issued and the licensee, or licensees, or his attorney, desires to have witnesses subpoenaed to appear before the Commission or the Director and a request therefore in writing is made upon the Commission, or its employees, by any such licensee, or his attorney giving the name and correct address of any such witnesses named in said request at licensee's sole expense, and that in addition thereto, the traveling fees and the daily attendance fees will be paid by the licensee at the time of the service of such subpoena; also setting out in said request the name of the person, or persons, to whom such subpoenas shall be mailed for the purpose of serving such subpoenas and absolving the Commission, and its employees, and the State of Oklahoma from any obligation to pay the traveling fees and daily attendance fees of such witnesses desired subpoenaed by any such licensee.

(b) The Director, or the Chief Enforcement Officer, shall cause subpoenas to be issued and mailed in conformity with said written requests; PROVIDED, that in said subpoena the witnesses named therein shall be advised that they may demand their traveling fees and daily attendance fees from the licensee, or his representative, that the Commission will not be, and is not, responsible for any traveling fees, daily attendance fees, or other expenses incurred by any such witness in attending any hearing before the Commission or Director.

(c) Any such written request or praecipe for witnesses on behalf of the licensee shall not be honored and issuance of such subpoenas shall not be required unless such request or praecipe subpoena is presented to the Commission, or its employees, by mail or otherwise, at its office in Oklahoma City, Oklahoma, at least five (5) days prior to the date of the hearing at which the attendance of any such witness, or witnesses, would be required.

Okla. Admin. Code § 45:1-5-2