California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 7 - Quasi-Judicial Hearing Procedures and Decisions › Section 1187.7 - Witnesses and Subpoenas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  party shall arrange for the presence of its own witnesses at a
				  hearing.
(b) A subpoena may be
				  issued upon a majority vote of the Commission. A party requesting a subpoena
				  shall file a written application with the Commission at least six weeks prior
				  to the Commission meeting at which the request will be considered.
(c) An application for a subpoena to compel
				  the attendance of a witness shall be made by affidavit and shall give the name
				  and address of the person to be subpoenaed, shall describe the matters to be
				  testified on, shall set forth in detail the relevance to the issues involved in
				  the matter, shall specify the date, time, and place of the hearing on the
				  matter and that, to the best of the applicant's personal knowledge,
				  information, or belief, the person to be subpoenaed has knowledge of the
				  matter. If the applicant is unable to obtain the name of the person who has
				  knowledge of the matter, the name of the director of the state or local agency
				  or superintendent of a school district may be used for the
				  application.
(d) An application for
				  subpoena duces tecum for the production by a witness of books, papers,
				  correspondence, memoranda, or other records, including records of the claimant
				  or requester, shall be made by affidavit and shall give the name and address of
				  the person to be subpoenaed, shall describe the documents or things desired to
				  be produced, shall set forth in detail the relevance to the issues involved in
				  the matter, shall specify the date on which the documents or things shall be
				  produced, and that, to the best of the applicant's personal knowledge,
				  information, or belief, the witness has the documents or things in his or her
				  possession or under his or her control and that none of the documents or things
				  desired to be produced are public records accessible to the public pursuant to
				  Section 7920.000 et seq., of the Government Code. If the applicant is unable to
				  obtain the name of the person who has possession or control of the documents or
				  things desired to be produced, the name of the director or superintendent or
				  custodian of records of the state or local agency or school district may be
				  used for the application.
(e) When
				  a request for subpoena or subpoena duces tecum is approved by the Commission,
				  the subpoena or subpoena duces tecum shall be issued signed by the executive
				  director, but otherwise be blank.
(f) Before service, all appropriate portions
				  of the blank subpoena or subpoena duces tecum shall be completed by the
				  applicant, and the name, address, and telephone number of the applicant shall
				  be included on the form. Service of subpoenas and subpoenas duces tecum shall
				  be made with a copy of the affidavit and shall be arranged for by
				  applicants.
(g) Except as otherwise
				  provided in this section, service of subpoenas or subpoenas duces tecum shall
				  be in accordance with the provisions of Section 1985 et seq., of the Code of
				  Civil Procedure.
Note: Authority cited: Sections 17527(g) and 17553(a),
						Government Code. Reference: Sections 17527(d), 17551 and 17553(a), Government
						Code.
Note: Authority cited: Sections
						17527(g)
						and
						17553(a),
						Government Code. Reference: Sections
						17527(d),
						17551 and
						17553(a),
						Government Code.