California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 2 - California Unemployment Insurance Appeals Board › Chapter 2 - Field Operations › Section 5058 - Witnesses, Notices to Attend, and Subpoenas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A party shall arrange for its witnesses
				  to participate in the hearing.
(b)
				  An administrative law judge may issue a notice to attend, a notice to attend
				  and produce, a subpoena, or a subpoena duces tecum on his or her own motion,
				  and shall do so upon the proper application of a party.
(c) An application for a notice to attend or
				  a subpoena shall include the name of the witness and a showing of the need
				  therefor. An application for a notice to attend shall also include the address
				  of the witness.
(d) An application
				  for a notice to attend and produce or for a subpoena duces tecum shall give the
				  name of the witness, shall specify the documents or things desired to be
				  produced and show the materiality thereof to the issues involved in the
				  proceeding, and shall state that, to the best of the applicant's knowledge, the
				  witness has such documents or things in his or her possession or under his or
				  her control. An application for a notice to attend and produce shall also give
				  the address of the witness, and, if it seeks personal records, shall give the
				  name and address of the consumer. An application for a subpoena duces tecum
				  shall be filed by affidavit.
(e)
				  The agency shall assist a party in preparing an application for a notice to
				  attend, a notice to attend and produce, a subpoena, or a subpoena duces
				  tecum.
(f) A notice to attend and
				  produce or a subpoena duces tecum which seeks personal records of a consumer
				  shall include a statement that the consumer has the right to object thereto by
				  making an application for a protective order, including an application to
				  quash, at the hearing.
(g) A party
				  shall arrange for the delivery of a subpoena or subpoena duces tecum issued to
				  it. Except as provided in Government Code sections
				  68097.1
				  through
				  68097.8,
				  delivery of a subpoena or subpoena duces tecum is made by delivering a paper
				  copy to the witness in person a reasonable time before the hearing. A paper
				  copy of any application for subpoena duces tecum shall be delivered with a
				  subpoena duces tecum. Any natural person may deliver a subpoena or a subpoena
				  duces tecum. A party shall send to the consumer, a reasonable time before the
				  hearing, a copy of any subpoena duces tecum issued to it which seeks personal
				  records of the consumer, along with a copy of any application for such a
				  subpoena duces tecum. A party shall file an affidavit showing that any subpoena
				  or subpoena duces tecum issued to it, along with any application for any such
				  subpoena duces tecum, was delivered to the witness, and, if applicable, sent to
				  the consumer.
(h) The agency shall
				  send a notice to attend or a notice to attend and produce to the witness. The
				  agency shall send to the consumer, a reasonable time before the hearing, a copy
				  of any notice to attend and produce which seeks personal records of the
				  consumer.
(i) When a witness does
				  not comply with a notice to attend or a notice to attend and produce, an
				  administrative law judge may issue a subpoena or a subpoena duces tecum to
				  compel compliance, on his or her own motion or upon the application of a
				  party.
(j) A witness who complies
				  with a notice to attend, a notice to attend and produce, a subpoena, or a
				  subpoena duces tecum, is entitled to the fees and mileage set forth in Section
				  68093 of
				  the Government Code provided a written demand therefor is submitted to the
				  administrative law judge at the hearing or filed not later than 10 days after
				  the date on which the witness participated in the hearing. If not so claimed
				  within that time, no fees or mileage shall be allowed.
(k) A notice to attend and produce or a
				  subpoena duces tecum for a hearing scheduled as an electronic hearing for a
				  witness shall direct the witness to file the documents or things sought a
				  reasonable time before the hearing.
(l) Unless the subpoena duces tecum or the
				  notice to attend and produce provides to the contrary, a custodian of documents
				  that are the subject of a subpoena duces tecum or of a notice to attend and
				  produce may comply by filing the documents or things a reasonable time before
				  the hearing, together with a statement authenticating them.
(m) Any interested person may object to the
				  terms of a notice to attend, a notice to attend and produce, a subpoena, or a
				  subpoena duces tecum by making an application for a protective order, including
				  an application to quash, at the hearing. An administrative law judge shall
				  resolve the objection and may make other orders that are appropriate to protect
				  from any unreasonable or oppressive demand, including any violation of the
				  right to privacy. Documents or things that are the subject of a subpoena duces
				  tecum or of a notice to attend and produce shall be made available at the
				  hearing, notwithstanding the intention of an interested person to so object, so
				  as not to delay the hearing in the event an administrative law judge overrules
				  the objection in whole or in part.
(n) Subpoenas and subpoenas duces tecum shall
				  be enforced in accordance with rule 5070.
1.
					 Renumbering of former section
					 5030 to new section
					 5058, including amendment of
					 section heading, section and NOTE, filed 2-4-99; operative 3-6-99 (Register 99,
					 No. 6).
Note: Authority cited: Section
						11400.20,
						Government Code; and Section
						411,
						Unemployment Insurance Code. Reference: Sections
						1951,
						2712
						and
						3262,
						Unemployment Insurance Code.