SECTION 450:1-5-9. Subpoenas

(a)   Issuance and service. Subpoenas for the attendance of witnesses, the furnishing of information and the production of evidence shall be issued by the Hearing Clerk upon request by a party. As an officer of the court, an attorney authorized to practice law in Oklahoma may also issue and sign subpoenas. 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, 12 O.S. § 2004.1.

(b)   Failure to obey. Either party 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 Hearing Officer may, in his or her discretion, continue the proceedings as necessary to secure a court ruling.

(c)   Motions to quash. Any person to whom a subpoena is directed, may file a motion to quash or limit the subpoena with the Hearing Clerk, setting forth the reasons why the subpoena should not be complied with or why it should be limited in scope and the Hearing Officer will rule on the motion.

[Source: Added at 10 Ok Reg 3741, eff 7-12-93; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 23 Ok Reg 1941, eff 7-1-06]