Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 534 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATIONS - REVOCATION OR SUSPENSION › Section 096-534-13 - Subpoena

Current through 2024-29, July 17, 2024
Any party may request the issuance of a subpoena in the name
				  of the Department to require the attendance and testimony of witnesses and the
				  production of any evidence relating to any issue of fact in the adjudicatory
				  proceeding. Prior to requesting a subpoena, the party must exhaust all other
				  reasonable means of procuring attendance of the witness or the information
				  sought such as asking for voluntary attendance or submission of the
				  information. Requests for subpoenas must be directed to the Presiding Officer
				  for determination and action.
A.
For documents.
The Department may issue subpoenas pursuant to  38
				M.R.S. §345-A(4) to compel the production of books, records and other
				data relevant to the matters in issue at a hearing. If any person served with a
				subpoena demonstrates to the satisfaction of the Department that the production
				of the information would, if made public, divulge methods or processes which
				are entitled to protection as trade secrets, or if the information is otherwise
				protected by law, the information will be disclosed only at a non-public
				portion of the hearing and will be confidential and not available for public
				inspection.
B.
For attendance
				of witnesses.
The Department may issue a subpoena compelling the
				attendance of a witness to provide testimony relevant to the matters in issue
				at a hearing if it first obtains the approval of the Attorney General or of any
				deputy attorney general pursuant to  5 M.R.S. §9060.
C.
Department Staff, outside agency
				review staff, and Department hired consultants.
Department staff,
				outside agency review staff, and Department hired consultants who assist the
				Presiding Officer or Commissioner are not subject to subpoena.
D.
Public records.
Prior to
				requesting a subpoena for public records, the party must exhaust all other
				means of procuring the documents, including making a request for copies of
				public records pursuant to 1 M.R.S. § 400-414 (the Freedom of Access
				Act).
E.
Form.
Subpoenas will be in the form used by the courts of the State. Every subpoena
				will bear the name of the Department, the name of the issuing officer, and the
				name and address of the party at whose request it was issued. Each subpoena
				will command the person to whom it is directed to attend and give testimony or
				produce specified documents or things at a designated time and place. The
				subpoena will also advise of the procedure to vacate or modify subpoenas
				provided herein. Witnesses may only be subpoenaed within Maine's territorial
				limits and in the same manner as witnesses in civil cases before the courts,
				unless another territory or manner is provided by law.
F.
Service.
Service of a
				subpoena must be arranged by the requesting party and made by delivering a copy
				of the subpoena to the person named in it. Unless the witness will accept
				service by other means, a subpoena must be served by a person who is not a
				party to the proceeding and is not less than eighteen years of age. Fees for
				attendance and mileage must be served simultaneously with the subpoena and must
				be the same as those paid witnesses in the Superior Courts of this State and
				must be paid for by the party requesting the subpoena.
G.
Return.
The person serving
				the subpoena must make proof of service by filing the subpoena and affidavit or
				acknowledgement of service with the Presiding Officer. Failure to make such
				proof of service does not affect the validity of the subpoena and
				service.
H.
Vacating or
				modifying subpoena
. Any person subpoenaed to produce records or provide
				testimony may petition the Presiding Officer to vacate or modify a subpoena
				issued by the Department. The Department will give prompt notice of such a
				petition to the party who requested issuance of the subpoena and all other
				parties. The Presiding Officer may vacate or modify the subpoena when, after
				such investigation as the Presiding Officer considers appropriate, he or she
				finds that:
(1) the testimony or evidence
				whose production is required does not relate with reasonable directness to any
				matter in question in the adjudicatory proceeding;
(2) a subpoena for the attendance of a
				witness or the production of evidence is unreasonable or oppressive;
(3) the subpoena has not been issued
				sufficiently in advance of the time specified for the appearance of the witness
				or the production of evidence;
(4)
				the subpoena would require the disclosure of privileged or confidential
				material where no waiver or exception applies; or
(5) the subpoena would require production of
				an un-retained expert's opinion, including experts employed by government
				agencies.
The decision to grant or deny a petition to vacate or modify
				  a subpoena will be in writing.