SECTION 455:10-21-4. Witnesses

(a)   General. The Commissioners, Executive Director or presiding official may compel the attendance of persons as witnesses when their testimony will aid in establishing the facts of an appeal. The Commissioners, Executive Director or presiding official may ask the witness specific questions when to do so will aid in the resolution and disposition of an appeal. Employees appearing as witnesses shall be released from duty by the employing agency without loss of pay or time and without effect on their employee service ratings.

(1)   Employees shall be reimbursed by the employing agency for expenses as provided for in the State Travel Reimbursement Act. The costs of securing witnesses who are not state employees, to include fees and mileage, shall be computed and paid by the party calling the witness.

(2)   No person shall directly or indirectly use, or threaten to use, any official authority or other influence which would tend to discourage any other person from offering testimony.

(b)   Subpoenas. The Commissioners, Executive Director or Administrative Hearing Officer may issue a subpoena to compel the attendance of a person to give testimony or for the production of books, records, accounts, papers and other instruments and tangible objects pursuant to any investigation, hearing or Alternative Dispute Resolution Program procedure. A subpoena duces tecum may direct that records be produced by the officer or employee responsible for them.

(1)   Service. Service of a subpoena shall be the responsibility of the party requesting the subpoena. A subpoena may be served by any person 18 years of age or older. Service may be made by personal service or certified mail, but shall be made at least 3 calendar days before the person is required to appear. The person serving the subpoena shall provide a written statement showing the person served and the date and manner of service. This requirement may be satisfied by completion of the affidavit on the subpoena form. The attendance of a witness shall not be enforced unless the affidavit of service is on file with the Commission at the time of attendance.

(2)   Quashing or limiting. The Commissioners, Executive Director or Administrative Hearing Officer may quash or limit a subpoena if: the subpoena was used primarily as a means of harassment; the testimony or documents sought are cumulative; the testimony or documents sought are not relevant or material; to respond to the subpoena would be unduly burdensome; for other good reasons, basic fairness dictates that the subpoena not be enforced.

(3)   Failure to appear. Any person who fails to appear in response to a subpoena, fails to answer any question or produce any books or papers, or who shall knowingly give false testimony therein upon conviction shall be subject to penalties pursuant to Section 840-6.9 of Title 74 of the Oklahoma Statutes.

(4)   Effect of continuances. It shall be the responsibility of the party requesting the subpoena to notify the person subpoenaed of the specific time and date of a continuance and of the fact that the subpoena remains in effect. Subpoenas shall not normally be re-issued as a result of a continuance.

[Source: Added at 13 Ok Reg 3025, eff 7-15-96]