California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 9 - Procedures Under Specified Transit District Acts and Laws › Section 93045 - Subpoenas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Application for subpoenas may be filed in writing by any party with the
				Director if made prior to the hearing, and with the hearing officer if made at
				the hearing. The Director or the hearing officer 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 hearing officer a petition to revoke the subpoena. Notice
				of the filing of a petition to revoke shall be promptly given by the hearing
				officer to the party at whose request the subpoena was issued. The hearing
				officer 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 requested, or if for any other reason the subpoena
				is otherwise invalid. The hearing officer shall make a 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 for whom the witness appears.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
					 101344, 102403, 103401, 120505 and 125521, Appendix 1, Section 4.4 and Appendix
					 2, Section 13.91, Public Utilities Code. Reference: Sections 4.4, 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code. Additional reference: Labor Management Relations Act,
					 1947, Section 9; 29 USC
					 Section 159; and
					 29 CFR Sections
					 102.60-102.72.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections
					 30751,
					 40122,
					 70122,
					 90300,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505 and
					 125521, Appendix 1, Section
					 4.4 and Appendix 2, Section
					 13.91,
					 Public Utilities Code. Reference: Sections
					 4.4,
					 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code. Additional reference: Labor Management Relations Act,
					 1947, Secion 9; 29 USC
					 Section 159; and
					 29 CFR Sections
					 102.60-102.72.