Okla. Admin. Code § 505:1-7-13

Current through Vol. 42, No. 4, November 1, 2024

Section 505:1-7-13 - Subpoenas

(a)Issuance and service of subpoena. Subpoenas for the attendance of witnesses, or for the furnishings of information required by the Board, or for the production of evidence or records of any kind shall be issued by any Board member at the direction of the President or upon order of the Board. In like manner, and for like purpose, subpoenas shall be issued by any Board Member at the request of any party to a proceeding before the Board for the attendance of witnesses or for the production of evidential materials at a hearing in such proceeding. The signature of any Board Member shall be sufficient authentication for any subpoena. Subpoenas shall be served in any manner prescribed by these rules for the service of notices.

(b)Refusal to obey subpoena or to testify. Upon the failure of any person to obey a subpoena, or upon the refusal of any witness to be sworn or make an affirmation or to answer a question put to him in the course of a hearing in any rulemaking proceeding, proceeding for a declaratory ruling, or in an individual proceeding, or in any other authorized action of the Board, the Board as soon as convenient shall consider the matter. By resolution, it may direct the institution of appropriate judicial proceedings under the law of the State for an order to compel compliance with the subpoena or the giving of testimony, as the case may be. Meanwhile, the hearing or other matters shall proceed, so far as is possible, but the Board at its discretion at any time may continue the proceedings for such time as may be necessary to secure a final ruling in the compliance proceedings.

(c)Costs. The costs covering the issuance and service of subpoenas and all witness fees incurred on behalf of a party to the proceedings, other than the Board, shall be borne by the party on whose behalf they are incurred, but the Board in its final order may tax such costs to some other party if justice so requires.

Okla. Admin. Code § 505:1-7-13

Amended at 11 Ok Reg 4163, eff 6-29-94 (emergency); Amended at 12 Ok Reg 1799, eff 6-12-95