Ariz. Admin. Code § 17-1-509

Current through Register Vol. 30, No. 45, November 8, 2024

Section R17-1-509 - Subpoena Issuance

A. In connection with an administrative hearing, an administrative law judge may issue a subpoena to compel the attendance of a witness or the production of documents or things.

1. A party or a party's attorney requesting a subpoena shall file a written subpoena request, briefly stating the substance of the evidence sought and why the evidence is necessary for the hearing.

2. An administrative law judge has discretion to issue or deny a subpoena based on the:

a. Relevance of the evidence sought,

b. Reasonable need for the evidence sought, and

c. Timeliness of the request.

B. A party or a party's attorney requesting a subpoena shall:

1. Draft the subpoena in the correct format, including:

a. The caption and docket number of the matter;

b. A list of documents or things to be produced;

c. The full name and address of:

i. The custodian of the documents or things listed, or

ii. The person ordered to appear;

d. The time, date, and place to appear or to produce documents or things; and

e. The name, address, and telephone number of the party or the party's attorney requesting the subpoena;

2. Obtain an administrative law judge's signature on the subpoena,

3. Ensure service of the subpoena on the person named in the subpoena under subsection (C), and

4. Bear all subpoena-related costs.

C. Unless otherwise provided by statute or administrative rule, a party or a party's attorney requesting a subpoena shall have the subpoena served by a person who:

1. Is at least age 18 and is not a party to the administrative hearing;

2. Delivers, within Arizona, a copy of the subpoena to the person named in the subpoena;

3. If the subpoena requires the named person's attendance at an administrative hearing, hands the named person the amount prescribed in A.R.S. § 12-303 as the witness fee for one day's attendance and allowed mileage; and

4. Files with the Executive Hearing Office a proof of service, signed by the person who served the subpoena, certifying:

a. The date of service,

b. The manner of service, and

c. The name of the person served.

D. A party or a person served with a subpoena who objects to the subpoena or a portion of the subpoena, may file an objection in writing with the Executive Hearing Office. The party or person served with the subpoena shall:

1. State in the objection the reasons for objecting; and

2. File the objection:

a. Within five days after service of the subpoena; or

b. If the subpoena is served less than five days before an administrative hearing, at the start of the hearing.

E. An administrative law judge may quash or modify a subpoena if:

1. The subpoena is unreasonable or imposes an undue burden, or

2. The evidence sought may be obtained by another method.

F. Unless otherwise provided by statute or administrative rule, a party or a party's attorney requesting a subpoena or the Arizona Department of Transportation shall enforce the subpoena in the Superior Court of Arizona, in the county where the administrative hearing is held.

Ariz. Admin. Code § R17-1-509

New Section recodified from R17-4-909 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4133, effective September 13, 2001 (Supp. 01-3). Former R17-1-509 renumbered to R17-1-510; new R17-1-509 renumbered from R17-1-508 and amended by final rulemaking at 13 A.A.R. 4598, effective February 3, 2008 (Supp. 07-4).