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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 310. Oklahoma State Department of Health |
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Chapter 2. Procedures of the State Department of Health |
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Subchapter 21. Rules of Procedure Governing Individual Proceedings |
SECTION 310:2-21-12. Subpoenas
Latest version.
- (a) Issuance. Subpoenas for the attendance of witnesses, the furnishing of information and the production of evidence shall be issued by the Office of Administrative Hearings upon request by a party. The requesting party must submit the subpoena to the hearing clerk to be issued. Filing a formal request for the issuance of subpoenas shall not be required. Subpoenas shall be served and a return made in the same manner as provided in the Oklahoma Pleading Code.(b) Failure to obey. The Commissioner or Petitioner may seek an appropriate judicial proceeding to compel compliance by persons who fail to obey a subpoena, who refuse to be sworn or make an affirmation at a hearing or who refuse to answer a proper question during a hearing. The hearing shall proceed despite any such refusal but the assigned administrative law judge may, in his discretion at any time, continue the proceedings as necessary to secure a court ruling.(c) Motions to quash. Motions to quash subpoenas may be filed with the Office of Administrative Hearings and may be decided by the assigned administrative law judge or the Chief Administrative Law Judge.