West Virginia Code of State Rules › Agency 85 - Workers' Compensation › Title 85 - PROCEDURAL RULE WORKERS' COMPENSATION RULES OF THE WEST VIRGINIA INSURANCE COMMISSIONER › Series 85-28 - Rules For Health Care Vendor Hearings › Section 85-28-11 - Subpoenas

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. All subpoenas
				and subpoenas duces tecum shall be issued in the name of the hearing officer
				and bear a facsimile of his or her signature, but the party requesting their
				issuance must sign the actual subpoenas and see that they are properly served.
				The subpoenas and subpoenas duces tecum must be issued through a party's
				counsel as a member of the Bar and an officer of the Court. All requests by
				interested parties for subpoenas and subpoenas duces tecum shall be in writing,
				and shall contain a statement acknowledging that the requesting party agrees to
				pay service fees, fees for attendance, and travel for witnesses.
11.2. Every subpoena or subpoena duces tecum
				shall be served at least five (5) days before the return date thereof, either
				by personal service made by any person over eighteen (18) years of age, or by
				registered or certified mail. If service is by mail, then the five (5) day
				notice period shall not begin to run until the date the subpoena or subpoena
				duces tecum is received by the person or entity subject thereto as shown by the
				date on the return receipt.
11.3.
				Any person who serves any such subpoena or subpoena duces tecum shall be
				entitled to the same fee as sheriffs who serve witness subpoenas for the
				circuit courts of this state. Fees for the attendance and travel of witnesses
				shall be the same as for witnesses before the circuit courts of this state. All
				such fees related to any subpoena or subpoena duces tecum issued at the
				instance of an interested party shall be paid by the party who asks that such
				subpoena or subpoena duces tecum be issued.
11.4. In case of failure or refusal of any
				person to comply with any subpoena or subpoena duces tecum served on any
				person, or the refusal of any witness to testify to any matter regarding which
				he or she may be lawfully interrogated, the circuit court of the county in
				which the hearing is being held, or the judge thereof in vacation, upon
				application by the Commission, or hearing officer, shall compel obedience by
				attachment proceedings as for contempt of a subpoena or subpoena duces tecum
				issued from such circuit court or a refusal to testify therein.
11.5. Upon motion made promptly and in any
				event before the time specified in a subpoena duces tecum for compliance
				therewith, the circuit court of the county in which the hearing is being held,
				or the circuit court in which the subpoena dues tecum was served, or the judge
				if either such court in vacation, may grant any relief with respect to such
				subpoena duces tecum which either such court, under the West Virginia Rules of
				Civil Procedure for Trial Courts of Record, could grant, and for any of the
				same reasons, with respect to a subpoena duces tecum issued from either such
				court.
11.6. The issuance of a
				subpoena duces tecum will be refused only in an instance where there is good
				reason to believe that the subpoena power is being abused. All subpoenas and
				subpoenas duces tecum will state on their face the name of the party who
				requested it.
11.7. Any party
				filing a protest, by virtue thereof, has conceded jurisdiction and venue with
				respect to any and all subpoenas issued by the hearing officer with respect to
				any employee, officer, or representative of the contesting party and any and
				all notices of deposition or discovery request served by the Commission and
				deemed relevant by the hearing officer.