California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 1 - General Provisions › Article 1 - Definitions and General Procedures › Section 12014 - Subpoenas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  issuance and enforcement of a subpoena or subpoena duces tecum in any
				  adjudicative proceeding held pursuant to the Act for which a notice of hearing
				  has been issued will be in accordance with Article 11 (commencing with section
				  11450.05) and Article 12
				  (commencing with section
				  11455.10), respectively, of Chapter
				  4.5 of Part 1 of Division 3 of Title 2 of the Government Code. The issuance of
				  a subpoena or subpoena duces tecum may be on the form entitled "Subpoena,"
				  CGCC-CH1-02 (New 05/20), which is attached in Appendix A to this chapter, or in
				  a manner that otherwise complies with Article 11 of Chapter 4.5 of Part 1 of
				  Division 3 of Title 2 of the Government Code. All subpoenas and subpoenas duces
				  tecum must be served, in accordance with Government Code section
				  11450.20
				  and with a copy to the presiding officer, at least 30 days prior to the date
				  specified for commencement of the hearing in the notice of hearing, or the date
				  specified in the subpoena for the appearance of a witness or the production of
				  records. No subpoena duces tecum may be served by an applicant or complainant
				  upon the other party.
(b) Any
				  motion made pursuant to subdivision (a) of section
				  11450.30
				  of the Government Code must be filed with the presiding officer no later than
				  15 days prior to the date specified for appearance or for the production of
				  records. The party bringing the motion must serve copies of the motion on all
				  parties and persons who are required by law to receive notice of the subpoena.
				  Any response to the motion must be filed with the presiding officer and served
				  no later than 5 days before the motion is scheduled to be heard. On the
				  presiding officer's own motion, or upon a timely motion of a party or a
				  witness, after notice to the parties and an opportunity to be heard, upon a
				  showing of good cause, the presiding officer may order the quashing of a
				  subpoena or subpoena duces tecum entirely, may modify it, or may direct
				  compliance with it upon other terms and conditions.
(c) The presiding officer may shorten or
				  extend, as applicable, any of the time periods specified in subsections (a) and
				  (b) upon a showing of good cause.
1. New
					 section filed 9-27-2013; operative 9-27-2013 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2013, No. 39).
2. Editorial correction of subsection (b)
					 (Register 2019, No. 20).
3. Amendment of subsections (a) and (b)
					 filed 1-22-2020; operative 4-1-2020 (Register 2020, No. 4).
4.
					 Amendment of subsection (a) filed 12-12-2020; operative 1-1-2021 pursuant to
					 Government Code section
					 11343.4(b)
					 (Register 2020, No. 51). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20.
5.
					 Amendment of subsections (a)-(b) filed 5-16-2023; operative 7-1-2023 (Register
					 2023, No. 20).
Note: Authority cited: Sections
						19811,
						19823(a),
						19824(h),
						19840
						and
						19841,
						Business and Professions Code; and Section
						11450.05(b),
						Government Code. Reference: Sections
						19840,
						19870
						and
						19871,
						Business and Professions Code; Sections
						1985,
						1985.1,
						1985.2,
						1985.3
						and
						1985.4,
						Code of Civil Procedure; Sections
						1560 and
						1561,
						Evidence Code; and Sections
						11450.05,
						11450.20,
						11450.30,
						11450.50
						and
						11455.10,
						Government Code.