SECTION 165:5-11-3. Commission subpoena

(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.

[Source: 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]