40 Pa. Code § 15.48

Current through Register Vol. 54, No. 49, December 7, 2024

Section 15.48 - Subpoenas

(a) Upon the request of a party, the central ALJ will issue a subpoena signed and under the seal of the OALJ but otherwise in blank, in the form as prescribed by the OALJ.

(b) A copy of the subpoena may be served upon any person within this Commonwealth by a competent adult as follows:

(1) In the manner prescribed by Pa.R.C.P. No. 402(a) (relating to manner of service acceptance of service).

(2) By any form of mail requiring a return receipt, postage prepaid, restricted delivery. Service is complete upon delivery of the mail to the person named in the subpoena or one or more of the persons referred to in 231 Pa. Code Rule 402(a)(2). The return receipt may be signed by the person named in the subpoena or a person referred to in Pa.R.C.P. No. 402(a)(2).

(3) By ordinary mail. The mail shall contain two copies of the Notice of Acknowledgment prescribed by subsection (e) and a self-addressed, stamped envelope. A subpoena served by ordinary mail is not alone grounds for a continuance requested at the hearing unless evidence is produced that the witness had received the subpoena and planned to attend.

(c) The party serving a subpoena may excuse compliance therewith.

(d) A motion to quash a subpoena may be filed by a party or by the person served. The ALJ may make an order to protect a party or witness from unreasonable annoyance, embarrassment, oppression, burden or expense.

(e) The notice and acknowledgment of receipt of subpoena by mail required by subsection (b)(3) shall be substantially in the following form:

(Caption)

NOTICE

TO__________ (Name of person to be served)

The enclosed subpoena is served pursuant to Title 40 Pa. Code § 15.48(b)(3). Complete the acknowledgment part of this form and return the copy of the completed form to the sender in the enclosed self-addressed, stamped envelope.

Sign and date the acknowledgment. If you are served on behalf of a partnership, unincorporated association, corporation or similar entity, indicate under your signature your relationship to that entity. If you are served on behalf of a person and you are authorized to receive the subpoena, indicate under your signature your authority.

Date Notice Mailed: _______________________________________________________________________________________________

_______________________________________________________________________________________________

Party serving subpoena or

Attorney for Party

ACKNOWLEDGMENT OF RECEIPT OF SUBPOENA

I acknowledge receipt of a copy of the subpoena in the above captioned matter and shall appear as directed.

Date: _______________________________________________________________________________________________

Signature _______________________________________________________________________________________________

Relationship to entity or

Authority to receive the subpoena

(f) This section supersedes 1 Pa. Code § 35.142(a) and (b) (relating to subpoenas).

40 Pa. Code § 15.48

The provisions of this § 15.48 adopted December 27, 1991, effective 12/28/1991, 21 Pa.B. 5935.