Current through Register Vol. XLI, No. 36, September 6, 2024
Section 179-2-5 - Subpoenas and Subpoenas Duces Tecum [Art. 22A Appeals, Only]5.1. In all hearings held under this rule, oral and documentary evidence may be required through the use of subpoenas and subpoenas duces tecum. Subpoenas or subpoenas duces tecum may be issued by either the commission or its duly appointed hearing examiner and the following provisions shall govern and control: 5.1.a. Every subpoena or subpoena duces tecum must be served at least five days before its return date, either by personal service made by any person eighteen years of age or older, or by registered or certified mail, but a return acknowledgment signed by the person to whom the subpoena or subpoena duces tecum is directed is required to prove service by registered or certified mail.5.1.b. All subpoenas and subpoenas duces tecum must be issued in the name of the West Virginia Lottery commission. Service of subpoenas and subpoenas duces tecum issued at the insistence of the commission are the responsibility of the commission, but any party requesting issuance of a subpoena or subpoena duces tecum is responsible for service of any such subpoena. Any person who serves a subpoena or subpoena duces tecum is entitled to the same fee as sheriffs who serve witness subpoenas for the circuit courts of this state and fees for the attendance and travel of witnesses shall be the same as for witnesses before the circuit courts of this state.5.1.c. All fees shall be paid by the director if the subpoena or subpoena duces tecum is issued, without the request of an interested party, at the insistence of the director.5.1.d. All fees related to any subpoenas or subpoena duces tecum issued at the insistence of an interested party will be paid by the interested party.5.1.e. All requests by an interested party for a subpoena and subpoena duces tecum must be in writing and contain a statement acknowledging that the requesting party agrees to pay such fees.5.1.f. Any person receiving a subpoena or subpoena duces tecum issued hereunder must honor the same as though it were issued by a circuit court of this state and must appear as a witness or produce such books, records or papers as are requested in response to a subpoena or subpoena duces tecum. In case of disobedience or neglect of any subpoena or subpoena duces tecum served on any person or the refusal of any witness to testify to any matter regarding which he or she may be lawfully interrogated, the circuit court of the county in which the hearing is being held, or the judge thereof in vacation, will, upon application by the commission, compel obedience by contempt proceedings as in the case of disobedience of the requirements of a subpoena or subpoena duces tecum issued from the circuit court or a refusal to testify therein.