Code of Maine Rules
94 - INDEPENDENT AGENCIES
411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS)
Chapter 702 - APPEALS OF DECISIONS OF THE CHIEF EXECUTIVE OFFICER
Section 411-702-12 - Discovery and subpoenas

Universal Citation: 94 ME Code Rules ยง 411-702-12

Current through 2024-38, September 18, 2024

1. Access to System documents and records. A party must have an adequate opportunity prior to hearing, and at the hearing, to examine all of the System's documents and records to be offered as evidence. The System must provide to the person bringing the appeal a copy of the relevant portions of the record without charge.

2. Request for subpoenas. Any party may request the issuance of a subpoena by presenting the request to the hearing officer. The request must contain:

A. The name and address of the party requesting the subpoena; and

B. The name and address of the person to be subpoenaed, or other place where the person to be subpoenaed may be found; and

C. A brief statement why the testimony or evidence of the person to be subpoenaed is relevant to an issue of fact in the appeal.

3. Issuance on approval. If the hearing officer determines that the request seeks testimony or evidence relevant to an issue of fact in the appeal, and not otherwise excludable, the hearing officer must submit the subpoena for approval by the Attorney General or Deputy Attorney General who is not involved in the appeal.

4. Requirements. A subpoena shall comply with the requirements of 5 M.R.S. §9060.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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