(a) Application for subpoenas may be filed in writing by any party with the service if made prior to the hearing, and with the hearing officer if made at the hearing. The service or the hearing officer, as the case may be, shall forthwith cause the subpoenas to be issued. Applications for subpoenas may be made ex parte. Any person served with a subpoena, whether ad testificandum or duces tecum, who does not intend to comply therewith shall within five days after the date of service file with the service a petition to revoke the subpoena. The service may rule upon said petition or refer it for ruling to the hearing officer; provided that if the hearing at which the subpoenaed evidence is to be produced has opened, the petition to revoke shall be filed with and ruled upon by the hearing officer. Notice of the filing of a petition to revoke shall be promptly given by the service or the hearing officer, as the case may be, to the party at whose request the subpoena was issued. The service or the hearing officer, as the case may be, shall revoke a subpoena if in their opinion the evidence sought does not relate to any matter under investigation or in question in the proceedings, is not relevant, or the subpoena does not describe with sufficient particularity the evidence the production of which is required, or if for any other reason sufficient in law the subpoena is otherwise invalid. The service or hearing officer, as the case may be, shall make a simple statement in writing or on the record of the procedural or other grounds for this ruling. Filing with reference to the revocation of a subpoena shall not become part of the record except upon the request of the party aggrieved by the ruling on the petition. Persons compelled to produce written evidence are entitled to retain the same, but the party compelling its production may pay the cost of procuring a copy thereof to be submitted in evidence in lieu of the original.
(b) Witnesses summoned before the hearing officer shall be paid by the party at whose instance the witness appears.
NOTE: Authority and reference cited: Section 54, Labor Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300b, 95651, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947, Section 9, 29 USC Section 159; 29 CFR Sections 102.60-102.72.
1. Amendment filed 7-29-83; effective thirtieth day thereafter (Register 83, No. 31).
Go Back to Subchapter 2.2 Table of Contents