Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter C - EVIDENCE AND WITNESSES › SUBPOENAS › Section 35.142 - Subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Issuance.
Subpoenas for the attendance of witnesses or for the
					 production of documentary evidence, unless directed by the agency upon its own
					 motion, will issue only upon application in writing to the agency head or the
					 presiding officer, except that during sessions of a hearing in a proceeding,
					 such application may be made orally on the record before the agency head or
					 presiding officer, who is hereby given authority to determine the relevancy and
					 materiality of the evidence sought and to issue such subpoenas in accordance
					 with such determination. Such written applications shall specify as nearly as
					 may be the general relevance, materiality, and scope of the testimony or
					 documentary evidence sought, including as to documentary evidence,
					 specification as nearly as may be, of the documents desired and the facts to be
					 proved by them in sufficient detail to indicate the materiality and relevance
					 of such documents.
(b)
Service and return.
If service of subpoena is made by a
					 sheriff or like officer or his deputy, such service shall be evidenced by his
					 return thereof. If made by another person, such person shall make affidavit
					 thereof, describing the manner in which service was made, and shall return such
					 affidavit on or with the original subpoena. In case of failure to make service,
					 the reasons for the failure shall be stated on the original subpoena. In making
					 service, a copy of the subpoena shall be exhibited to and left with the person
					 to be served. The original subpoena, bearing or accompanied by the authorized
					 return, affidavit, or statement, shall be returned forthwith to the office of
					 the agency or, if so directed on the subpoena, to the presiding officer before
					 whom the person named in the subpoena is required to appear.
(c)
Fees of witnesses.
Witnesses who are subpoenaed shall be paid fees as provided in §
											35.139 (relating to fees of
					 witnesses).
This section cited in 1 Pa. Code §
													35.139 (relating to fees of
						  witnesses); 4 Pa. Code §
													89.31 (relating to investigation);
						  4 Pa. Code §
													105.14a (relating to subpoenas); 4
						  Pa. Code §
													250.13 (relating to information); 4
						  Pa. Code §
													265.3 (relating to level II
						  hearings); 4 Pa. Code §
													607a.13 (relating to subpoenas); 7
						  Pa. Code §
													131.15 (relating to subpoenas); 7
						  Pa. Code §
													179.2 (relating to definitions); 7
						  Pa. Code §
													179.10 (relating to subpoena powers
						  and procedures); 12 Pa. Code §
													81.221 (relating to issuing
						  subpoenas); 12 Pa. Code §
													81.222 (relating to persons
						  required to appear); 12 Pa. Code §
													81.223 (relating to producing
						  documents or review by Authority staff); 12 Pa. Code §
													81.224 (relating to service of
						  subpoenas); 22 Pa. Code §
													201.7 (relating to service and
						  return of subpoenas); 22 Pa. Code §
													233.124 (relating to power of
						  subpoena); 25 Pa. Code §
													1021.103 (relating to subpoenas,
						  notices to attend and notices to produce); 28 Pa. Code §
													1111.8 (relating to rights of the
						  appellant); 34 Pa. Code §
													95.95 (relating to witnesses and
						  subpoenas); 34 Pa. Code §
													131.81 (relating to subpoenas); 34
						  Pa. Code §
													131.204 (relating to UEGF subpoenas
						  and interrogatories); 37 Pa. Code §
													21.60 (relating to subpoenas); 37
						  Pa. Code §
													123.3 (relating to subpoenas); 37
						  Pa. Code §
													171.35 (relating to subpoenas); 37
						  Pa. Code §
													197.13a (relating to subpoenas); 40
						  Pa. Code §
													15.48 (relating to subpoenas); 40
						  Pa. Code §
													17.5 (relating to subpoenas); 51
						  Pa. Code §
													21.5 (relating to conduct of
						  investigations); 52 Pa. Code §
													5.343 (relating to procedures in
						  deposition by oral examination); 52 Pa. Code §
													5.421 (relating to subpoenas); 52
						  Pa. Code §
													5.424 (relating to issuance of
						  subpoenas); 52 Pa. Code §
													1005.161 (relating to subpoenas);
						  and 55 Pa. Code §
													41.162 (relating to
						  subpoenas).