Section 0250-05-04-.03 - SUBPOENAS FOR EVIDENCE AND WITNESSES(1) The department shall have the power in an Administrative Hearing to require the attendance of such witnesses and the production of such books, records, papers, or other tangible things as may be necessary and proper for the purpose of the hearing proceeding. It shall be the responsibility of the Administrative Judge/Hearing Officer to issue the subpoena, but it shall be the responsibility of the parties involved in the case to request of the Administrative Judge/Hearing Officer the issuance of a subpoena. Subpoenas may be served at any place within the State by certified mail in addition to means of service provided by the Tennessee Rules of Civil Procedure.(2) The Administrative Judge/Hearing Officer may at or before the time specified in the subpoena for compliance with (a) Void or modify the subpoena if it is unreasonable and oppressive, or (b) Tax the party making the request with reasonable costs in the production of books, papers, documents, or other tangible things.Tenn. Comp. R. & Regs. 0250-05-04-.03
Original rule filed May 29, 2002; effective August 12, 2002.Authority: T.C.A. §§ 4-5-311, 37-5-105, and 37-5-112.