Okla. Admin. Code § 75:1-5-7

Current through Vol. 41, No. 19, June 17, 2024

Section 75:1-5-7 - Subpoenas

(a)Issuance and service. Subpoenas for the attendance of witnesses, the furnishing of information and the production of evidence shall be issued by the Hearing Officer upon request by a party. As an officer of the court, an attorney authorized to practice law in Oklahoma may also issue and sign subpoenas. Filing a formal request for the issuance of subpoenas shall not be required. Subpoenas shall be served and a return made in the same manner as provided in the Oklahoma Pleading Code, 12 O.S. § 2004.1.

(b)Failure to obey. The Attorney General or the petitioner may seek an appropriate judicial proceeding to compel compliance by persons who fail to obey a subpoena, who refuse to be sworn or make an affirmation at a hearing or who refuse to answer a proper question during a hearing. The hearing shall proceed despite any such refusal but the Attorney General or the Hearing Officer may, in his discretion at any time, continue the proceedings as necessary to secure a court ruling.

(c)Motions to quash. Any person to whom a subpoena is directed, may file a motion to quash or limit the subpoena with the Hearing Officer, setting forth the reasons why the subpoena should not be complied with or why it should be limited in scope and the Attorney General or Hearing Officer will rule on the motion.

Okla. Admin. Code § 75:1-5-7

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06