Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-23 - Subpoenas

Current through all regulations passed and filed through July 1, 2024
(A)
								 The board, any board member empowered to vote, or the
			 administrative law judge assigned to a case may issue subpoenas, upon their own
			 motion or upon motion of any party or the staff. A subpoena shall command the
			 person to whom it is directed to attend and give testimony at the time and
			 place specified therein. A subpoena may also command such a person to produce
			 the books, papers, documents, or other tangible things described therein. A
			 copy of the motion for a subpoena and the subpoena itself should be submitted
			 in person to the board, any board member entitled to vote, or the
			 administrative law judge assigned to the case for signature of the subpoena.
			 After the subpoena is signed, a copy of the motion for a subpoena and a copy of
			 the signed subpoena shall be docketed and served upon the parties of the case.
			 The person seeking the subpoena shall file the original signed subpoena and
			 make arrangements for its service.
(B)
								 Arranging for
			 service of a signed subpoena is the responsibility of the requesting person. A
			 subpoena may be served by a sheriff, deputy sheriff, or any other person who is
			 not a party and who is not less than eighteen years of age. Service of a
			 subpoena upon a person named therein shall be made by delivering it to such
			 person, reading it to him or her in person, leaving it at his or her place of
			 residence, leaving it at his or her business address if the person is a party
			 or employee of a party to the case, or mailing the subpoena via United States
			 mail as certified or express mail, return receipt requested, with instructions
			 to the delivering postal authority to show to whom delivered, date of delivery,
			 and address where delivered. A subpoena may be served at any place within this
			 state. The person serving the subpoena shall file a return thereof with the
			 docketing division. When a subpoena is served by mail, the person filing the
			 return shall include the signed receipt with the return.
(C)
								 The board or the
			 administrative law judge may, upon their own motion or upon motion of any
			 party, quash a subpoena if it is unreasonable or oppressive, or condition the
			 denial of such a motion upon the advancement by the party on whose behalf the
			 subpoena was issued of the reasonable costs of producing the books, papers,
			 documents, or other tangible things described therein.
(D)
								 A subpoena may
			 require a person, other than a member of the board staff, to attend and give
			 testimony at a deposition, and to produce designated books, papers, documents,
			 or other tangible things within the scope of discovery set forth in rule
			 4906-2-14
			 of the Administrative Code. Such a subpoena is subject to the provisions of
			 rule
			 4906-2-21
			 of the Administrative Code as well as paragraph (C) of this
			 rule.
(E)
								 Unless otherwise ordered for good cause shown, all
			 motions for subpoenas requiring the attendance of witnesses at a hearing must
			 be filed with the board no later than five days prior to the commencement of
			 the hearing.
(F)
								 Any persons subpoenaed to appear at a board hearing,
			 other than a party or an officer, agent, or employee of a party, shall receive
			 the same witness fees and mileage expenses provided in civil actions in courts
			 of record. For purposes of this paragraph, the term "employee" includes
			 consultants and other persons retained or specially employed by a party for
			 purposes of the proceeding. If the witness is subpoenaed at the request of one
			 or more parties, the witness fees and mileage expenses shall be paid by such
			 party or parties. If the witness is subpoenaed upon motion of the board, any
			 board member entitled to vote, or the administrative law judge, the witness
			 fees and mileage expenses shall be paid by the state, in accordance with
			 section 4903.05 of the Revised Code.
			 Unless otherwise ordered, an application for a subpoena requiring the
			 attendance of a witness at a hearing shall be accompanied by a deposit
			 sufficient to cover the required witness fees and mileage expenses for one
			 day's attendance. The deposit shall be tendered to the fiscal officer of the
			 board, who shall retain it until the hearing is completed, at which time the
			 officer shall pay the witness the necessary fees and expenses, and shall either
			 charge the party making the deposit for any deficiency or refund to such party
			 any surplus remaining from the deposit.
(G)
								 If any person
			 fails to obey a subpoena issued by the board, any board member entitled to vote
			 or an administrative law judge, the board may seek appropriate judicial relief
			 against such person under section
			 4903.02 or
			 4903.04 of the Revised
			 Code.
(H)
								 A sample subpoena is provided in the appendix to this
			 rule.
Replaces: 4906-7-08
Click
				to view Appendix
Effective: 12/11/2015
Five Year
				Review (FYR) Dates: 11/30/2020
Promulgated Under:
				111.15
Statutory
				Authority: 4906.03
Rule
				Amplifies: 4903.04,
				4903.05,
				4903.06,
				4906.03,
				4906.08,
				4906.12
Prior
				Effective Dates: 12/27/76, 6/10/89,
				12/15/03