Current through Register Vol. 50, No. 9, September 20, 2024
A. The issuance of
a subpoena shall be by order of the presiding officer and upon written request
of a party directed to the administrative hearings clerk, whose duty and
function it shall be to process all subpoenas.
B. Failure of a witness to appear or respond
to a subpoena will not be grounds for a continuance unless:
1. the testimony of the witness is shown to
be material, relevant, and not merely cumulative to the proceeding;
and
2. the request for the subpoena
was received by the administrative hearings clerk at least 15 days prior to the
date required for appearance or return on the subpoena, or for good cause
shown.
C. To request the
issuance of a subpoena, the following procedure shall be followed:
1. unless otherwise ordered by the presiding
officer, the subpoena shall be prepared by the requester;
2. the subpoena must include the heading
contained in LAC 33:I.331.B and contain the name of the party and the
representative requesting the subpoena; the complete name of the person being
subpoenaed; the specific service address (with directions if necessary);
whether personal service is necessary; a sufficient description of any document
or item to be produced; and the date, time, place, and proceeding for which the
subpoena is requested;
3. a
subpoena adapted from the Louisiana Code of Civil Procedure formulary is
acceptable. Sample subpoena forms are available from the administrative
hearings clerk; and
4. a request on
behalf of any party other than the department shall state the number of miles
between the witness's address and the place where the appearance and/or return
is to be made and be accompanied by a check made payable to the department in
the amount to cover costs, including the following:
a. service fees due whenever a private
process server or any other person authorized by law is utilized to obtain
service; and
b. and an amount
sufficient to cover witness fees pursuant to
R.S.
49:956(5).
D. The presiding
officer may fix expert witness fees in accordance with
R.S.
49:950 et seq.
E. For good cause the presiding officer may
issue any order necessary to protect a party or person from a subpoena which
may cause disclosure of confidential information, undue burden or expense,
annoyance, embarrassment, or oppression.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2001 et
seq.
