Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules
Section 343.360 - Subpoenas
Current through Register 1531, September 27, 2024
(A) A subpoena is a document which commands a witness to appear at a given time to give testimony before a court or an administrative proceeding such as a fair hearing. A subpoena can also require the witness to produce specified books, documents, papers or records in his possession or control at the hearing.
(B) Right to Subpoena. Any party to a hearing and DOH on its own shall have the right to a subpoena requiring the attendance and testimony of witnesses and the production of any evidence including books, records, correspondence or documents relating to any matter in question at the hearing. Any party may:
(C) Petition to Vacate Subpoena. Any witness subpoenaed may petition the director of DOH to vacate or modify a subpoena.
(D) Failure to Comply with a Subpoena. If any person fails to comply with a properly issued subpoena, DOH (or the party who requested the subpoena) may petition the Superior Court for an order requiring compliance with the subpoena. If the Superior Court issues such an order and any person who is subject to it does not comply with it, he or she will be subject to the contempt powers of the Court.