Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES
Subpart E - ADULT PROTECTIVE SERVICE REGISTRY
Section 270.440 - Subpoenas
Universal Citation: 89 IL Admin Code ยง 270.440
Current through Register Vol. 48, No. 12, March 22, 2024
a) Generally
The Department/other entity may issue subpoenas to compel the attendance of a witness or the production of documents before or during an administrative hearing, on its own motion, or at a party's request.
1) The request for subpoena shall be granted
only if the requester demonstrates that the information to be produced by the
subpoena is necessary, relevant, and not unduly repetitious.
2) The ruling on the request for subpoena may
be delayed until after available evidence has been submitted.
b) Service
When a request for subpoena is granted, the requesting party shall be responsible for service of the subpoena. Subpoenas will be served pursuant to Section 270.424.
c) Record
Subpoenas, requests for subpoenas, denials of requests for subpoenas, and the specific reasons for denying, revoking or modifying subpoenas will be made part of the record.
d) Failure to Comply
1) If a party fails to obey a subpoena and
the Department/other entity finds that subsections (a) and (b) have been
satisfied, appropriate sanctions may be imposed, including, but not limited to,
disallowing testimony by the party who has refused to comply or drawing an
adverse influence against the party refusing to comply.
2) If a non-party fails to obey a subpoena,
the party seeking enforcement will be responsible for preparing an application
for enforcement and filing that application in a court of appropriate
jurisdiction.
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