Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 11 - Prehearing Procedures › Section 165:5-11-3 - Commission subpoena

Current through Vol. 41, No. 20, July 1, 2024
(a)
Subpoena.
The Commission, upon motion of a person or upon motion
				of the Commission, may order the Secretary to issue a subpoena in the name of
				the Commission in any pending cause requiring attendance of a witness from any
				place in the State to the place of hearing. Praecipe for subpoena shall be
				filed with the Court Clerk and the order of the Commission endorsed
				thereon.
(b)
Subpoena Duces
				Tecum.
A subpoena may require the witness to produce at the hearing
				books, records, accounts, papers and other documents and tangible objects,
				which shall be described with reasonable particularity in the subpoena. A
				subpoena duces tecum directed to a person not an individual may direct that the
				records be produced by an officer or employee responsible therefor.
(c)
Service of subpoena.
A
				subpoena may be served by a law enforcement officer, by an attorney, or by any
				other person competent to make an oath; and the person serving the same shall
				attach his affidavit of the person served, and the time and manner of service.
				Service also may be made in any other manner provided by law. A person may be
				served by leaving a copy thereof at the principal place of business of the
				person, with the person or an employee who customarily serves as the secretary
				or receptionist of the person. A subpoena shall be served on a witness not less
				than five (5) days prior to hearing.
(d)
Return.
The original
				subpoena, with affidavit of service thereon, shall be filed with the Court
				Clerk. The attendance of a witness shall not be enforced unless the original
				subpoena is on file at the time of the hearing.
(e)
Fees.
The attendance of a
				witness will not be enforced unless the person causing subpoena to be issued
				tenders the witness fee provided by law for a witness subpoenaed to testify in
				the district courts of Oklahoma. Attendance of a witness shall not be enforced
				at the second or subsequent day of hearing unless the person causing the
				subpoena to be issued tenders additional mileage to and from the place of
				hearing. The payment of fees shall not be required when a subpoena is issued on
				behalf of the Commission.
(f)
Testimony.
A witness present at a hearing pursuant to subpoena may
				be called to testify by the Commission or Administrative Law Judge or by any
				party of record.
(g)
Protective orders and orders quashing subpoenas.
The Commission
				may make any orders with respect to subpoena and attendance of a witness as may
				be appropriate for the protection of persons, including an order quashing
				subpoena, excusing attendance of witnesses, or limiting documents to be
				produced.
(h)
Subpoenas
				regarding the Petroleum Storage Tank docket.
Pursuant to 17 O.S. §
									330,
				subpoenas may be issued in proceedings on the Petroleum Storage Tank docket
				pursuant to the provisions of 12 O.S. §
									2004.1. See
				also OAC
				165:5-21-8.
Amended at 16 Ok Reg
				  829, eff 1-25-99 (emergency); Amended at 16 Ok Reg 2807, eff 7-15-99; Amended
				  at 19 Ok Reg 1939, eff 7-1-02; Amended at 27 Ok Reg 2098, eff
				  7-11-10