Code of Massachusetts Regulations
121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS
Title 121 CMR 1.000 - Fair Hearings
Section 1.605 - Subpoenas

Universal Citation: 121 MA Code of Regs 121.1

Current through Register 1531, September 27, 2024

(1) Any party to a hearing and ORI on its own shall have the right to a subpoena requiring the attendance and testimony of witnesses and the production of tangible evidence relating to any matter in question at the hearing.

(2) Any party may have the subpoena issued by a notary public or justice of the peace in the name of ORI, or apply to ORI in writing for the issuance of the subpoena, which shall issue a subpoena within two working days of receiving the application.

(3) Any witness subpoenaed may petition ORI to vacate or modify a subpoena.

(a) The hearing officer shall in an informal manner give the party who requested the issuance of the subpoena notice of the petition orally or in writing. The notice shall quote the contents of the petition and shall indicate that the party may oppose the petition orally or, if time permits, in writing to the hearing officer. If time does not permit a party to respond to the request to vacate, the hearing shall be postponed long enough to permit the party to respond to the petition. This procedure shall not be construed to require a hearing or adjudicatory proceeding.

(b) After such investigation as the hearing officer considers appropriate, the hearing officer may grant the petition in whole or in part only if the hearing officer finds that:
1. the testimony or the evidence whose production is required does not relate with reasonable directness to any matter in question;

2. the subpoena is unreasonable or oppressive;

3. the subpoena has not been issued a reasonable period in advance of the time when the evidence is requested.

(4) If any person fails to comply with a properly issued subpoena, ORI (or the party who requested the subpoena) may petition the Superior Court for an order requiring compliance with the terms of the subpoena. If the Superior Court issues such an order, the person against whom the order is issued must comply with the subpoena or be subject to the contempt powers of the Court.

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