California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2 - Administrative Hearing Procedures for Petitions for Review of Executive Officer Decisions › Subarticle 5 - Prehearing Procedures › Section 60055.26 - Subpoena and Subpoena Duces Tecum

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subpoenas and subpoenas duces tecum may
						be issued for attendance at a hearing and for production of documents at any
						reasonable time and place or at a hearing.
(b) At the request of a party, subpoenas and
						subpoenas duces tecum shall be issued by the hearing officer assigned to a
						proceeding, or the general counsel or executive officer of the state board, or,
						if represented by an attorney, the attorney of record for the party in
						accordance with sections
						1985-
						1985.4
						of the California Code of Civil Procedure.
(c) The custodian of documents that are the
						subject of a subpoena duces tecum may satisfy the subpoena by delivery of the
						documents or a copy of the documents, or by making the documents available for
						inspection or copying, together with an affidavit in compliance with section
						1561 of the
						Evidence Code.
(d) The process
						extends to all parts of the state and shall be served in accordance with
						sections
						1987
						and
						1988
						of the California Code of Civil Procedure. A subpoena or subpoena duces tecum
						may also be delivered by certified mail, return receipt requested, or by
						messenger. Service by messenger shall be effected when the witness acknowledges
						receipt of the subpoena to the sender, by telephone, by mail, or in person, and
						identifies himself or herself either by reference to date of birth and driver's
						license number or Department of Motor Vehicles identification number, or the
						sender may verify receipt of the subpoena by obtaining other identifying
						information from the recipient. The sender shall make a written notation of the
						acknowledgment. A subpoena issued and acknowledged pursuant to this section has
						the same force and effect as a subpoena personally served. Failure to comply
						with a subpoena issued and acknowledged pursuant to this section may be
						punished as a contempt and the subpoena may so state. A party requesting a
						continuance based upon the failure of a witness to appear at the time and place
						required for the appearance or testimony pursuant to a subpoena, shall prove
						that the party has complied with this section. The continuance shall only be
						granted for a period of time that would allow personal service of the subpoena
						and in no event longer than that allowed by law.
(e) No witness is obliged to attend unless
						the witness is a resident of the state at the time of service.
(f) Upon timely motion of a party or witness,
						or upon his or her own motion, after notice to the parties and an opportunity
						to be heard and upon a showing of good cause, the hearing 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 or conditions. In addition, the
						hearing officer may make any other order as may be appropriate to protect a
						party or witness from unreasonable or oppressive demands.
(g) The state board may quash a subpoena or a
						subpoena duces tecum that it has issued on its own motion.
(h)
(1) In
						the case of the production of a party to the record of a proceeding or of a
						person for whose benefit a proceeding is prosecuted or defended, the service of
						a subpoena on the witness is not required if written notice requesting the
						witness to attend, with the time and place of the hearing, is served on the
						representative of the party or person.
(2) Service of written notice to attend under
						this section shall be made in the manner and is subject to the conditions
						provided in section
						1987
						of the California Code of Civil Procedure for service of written notice to
						attend in a civil action or proceeding.