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Chapter 3.2. California Occupational Safety and Health Regulations (CAL/OSHA)
Article 1.6. Adjudicative Hearings--General Rules of Practice and Procedure--Denial, Suspension or Revocation of Permits, Licenses, Certifications, Registrations or Other Authorizations and Orders Prohibiting Use, Issued by the Division of Occupational Safety and Health

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§340.48 Subpoenas and Subpoenas Duces Tecum -- Witness Fees.

(a) Before the hearing has commenced, the Division or any party may issue a subpoena or subpoena duces tecum requiring the attendance of a person or the production of documents or things at the hearing.

(b) Any subpoena or subpoena duces tecum issued pursuant to subsection (a) of this section extends to all parts of the state and shall be served in accordance with the provisions of sections 1985.3, 1987, 1987.5 and 1988 of the Code of Civil Procedure, except for the provisions governing the time for issuance of subpoenas and subpoenas duces tecum. Service of a subpoena or subpoena duces tecum is made by delivering a copy to the witness.

(c) All witnesses appearing pursuant to subpoena, other than the parties, or their representatives directly associated with the action, shall be entitled to receive the following fees and mileage, payable in advance:

(1) Witness fee for each day's actual attendance of thirty-five dollars ($35.00);

(2) Mileage actually traveled, both ways, of twenty cents ($.20) a mile;

(3) Per diem compensation of three dollars ($3.00) for expenses of subsistence for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearing, if the hearing is at a point so far removed from a residence as to reasonably preclude return thereto from day to day;

(d) Fees, mileage and expenses of subsistence shall be paid by the party at whose request the witness is subpoenaed.

(e) A party who subpoenas a peace officer as listed at Government Code section 68097.1 or individuals designated by Government Code 68097.2 shall reimburse the public entity for the full cost of the public entity incurred in paying the officer his or her salary or other compensation and traveling expenses for each day that such officer is required to remain in attendance.

NOTE

Authority cited: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code. Reference: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code.

HISTORY

1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).

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