Compilation of Rules and Regulations of the State of Georgia
Department 590 - RULES OF OFFICE OF SECRETARY OF STATE
Chapter 590-4 - COMMISSIONER OF SECURITIES
Subject 590-4-6 - RULES GOVERNING ADMINISTRATIVE HEARINGS
Rule 590-4-6-.17 - Subpoenas and Notices to Produce

(1) The Hearing Officer shall have the authority to issue subpoenas requiring the attendance and testimony of witnesses and the production of objects or documents at depositions or hearings provided by these Rules and the Act.

(2) Requests for subpoenas shall be in writing and filed at least five (5) days prior to the hearing or deposition at which the attendance of the witness or the production of documents is sought, shall be served upon all parties, and shall identify the witnesses whose testimony is sought or the documents or objects sought to be produced. Every subpoena shall be issued by the Hearing Officer under the seal of the agency for which the Hearing Officer working and shall state the title of the action. The party requesting the subpoenas shall be responsible for filling in the subpoenas in a manner consistent with the request for subpoenas and serving the same sufficiently in advance of the hearing to secure the attendance of the witness or the availability of the witness's testimony on deposition at the time of the hearing.

(3) Any party that is not represented by counsel may be relieved by the Hearing Officer of the requirements of paragraph (2) above other than the service requirements. At the discretion of the Hearing Officer, such a party may obtain subpoenas by orally providing the Clerk with the names of the persons desired to be subpoenaed and a description of the testimony or documents or objects sought. If such a request for subpoenas is made orally and approved by the Hearing Officer, the Clerk shall reduce the request to writing and shall have a copy of the request served upon all other parties.

(4) A subpoena may be served at any place within this State and by any sheriff, by his deputy, or by any other person not less than 18 years of age. Proof of service may be shown by return or certificate endorsed on a copy of the subpoena. Subpoenas may also be served by registered or certified mail, and the return receipt shall constitute prima-facie proof of service. Service upon a party may be made by serving his, her, or its counsel of record. Fees and mileage shall be paid to the recipient of a subpoena in accordance with Code Section 24-10-24.

(5) Once issued, a subpoena may be quashed by the Hearing Officer if it appears that the subpoena is unreasonable or oppressive, or that the testimony, documents, or objects sought are irrelevant, immaterial, or cumulative and unnecessary to a party's preparation and presentation of his, her, or its position at the hearing, or that, for other good reasons, basic fairness dictates that the subpoena should not be enforced. The Hearing Officer may also condition denial of a motion to quash a subpoena upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the documents or objects.

(6) Once issued and served, unless otherwise conditioned or quashed, a subpoena shall remain in effect until the close of the hearing or until the witness is excused, whichever comes first.

(7) Where a party desires to compel production of documents or objects in the possession, custody, or control of another party, in lieu of serving a subpoena under this Rule, the party desiring the production may serve a notice to produce upon the other party. Service may be perfected in accordance with paragraph (4) above, but no fees or mileage shall be allowed therefor. Paragraphs (5) and (6) above shall also apply to such notices. The notice shall be in writing, signed by the party seeking production of the evidence, or his, her, or its attorney, and shall be directed to the opposite party or his, her, or its attorney. A copy of any notice to produce shall be filed simultaneously with the Clerk.