Okla. Admin. Code § 585:2-7-5

Current through Vol. 42, No. 3, October 15, 2024

Section 585:2-7-5 - Subpoenas

(a)Issuance of subpoena by Board. The Board may issue subpoenas to require the attendance of witnesses in this State and the production of books and papers at a hearing or deposition held pursuant to the rules of this chapter.

(b)Application for subpoena. Any party may file a written application for a subpoena and the proposed subpoena with the Board before the hearing or disposition. Any subpoena requested and issued by the Board shall be served by the applicant with the witness fees and mileage required by the Administrative Procedures Act.

(c)Filing of a motion to quash. No person served with a valid subpoena issued by the Board shall refuse or neglect to appear, to testify, or to produce books and papers relevant to such investigation, inquiry, or hearing as commanded in such subpoena without the timely filing with the Board of a motion to quash a subpoena. A motion to quash a subpoena may be filed with the Board not later than seven (7) days from the date of service of the subpoena. The movant shall serve a copy of the motion to quash on the applicant for the subpoena.

(d)Quash of subpoena by Board. The Board may quash a subpoena on the ground that the subpoena does not reasonably relate to any matter under investigation, inquiry, or hearing; that the subpoena does not describe with sufficient particularity the evidence sought; or that the evidence sought from the witness is privileged under the law or the provisions of these Rules. The Board shall make a statement as to the basis for its ruling. An aggrieved party may request that the motion to quash a subpoena, the response thereto, if any, and the Board's statement of the basis for its ruling be made part of the record.

(e)Default. A failure to comply with, or neglect of, a valid subpoena issued by the Board may be certified by the Board to a court of competent jurisdiction for an order of compliance.

Okla. Admin. Code § 585:2-7-5

Added at 24 Ok Reg 1630, eff 6-11-07¹

¹See Editor's Note at beginning of this Chapter.