Section 1360-04-01-.13 - SUBPOENA(1) Any party to a contested case may request blank form subpoenas, which shall then be prepared by the party. Once prepared, the parties shall submit subpoenas for issuance by the administrative judge, or other person allowable by law.(2) If the contested case is being conducted by the Administrative Procedures Division, the requesting party should use the form subpoena available on the Administrative Procedures Division's website. If a party has no means to access the website, such a party may request a copy of the form by telephone or mail. Once the form is filled out by the requesting party, it shall be submitted electronically to the Administrative Procedures Division for issuance. If a party has no means to make the request electronically, the request may be made by telephone or mail.(3) Once issued by the administrative judge, or other person allowable by law, a party shall then serve subpoenas by certified mail with a return receipt, or personal service. Copies of served subpoenas must be served on all parties in accordance with Rule 1360-04-01-.03(9), and all material produced must be made available for inspection, copying, testing, or sampling by all parties.(4) If the contested case is being conducted by the Administrative Procedures Division, copies of served subpoenas must be filed with the Administrative Procedures Division.Tenn. Comp. R. & Regs. 1360-04-01-.13
Original rule filed November 22, 1978; effective January 8, 1979. Amendment filed May 23, 1984; effective June 22, 1984. Repeal and new rule filed November 25, 1986; effective January 9, 1987. Amendments filed January 8, 2024; effective 4/7/2024.Authority: T.C.A. §§ 4-5-219, 4-5-311, and 4-5-321.