Code of Massachusetts Regulations
804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION
Title 804 CMR 1.00 - Rules of Procedure
Section 1.14 - Subpoenas
Current through Register 1531, September 27, 2024
(1) General Provisions. Subpoenas shall be issued in the name of the Commission and in accordance with M.G.L. c. 151B, § 3 and M.G.L. c. 30A, § 12, subject to the following provisions:
(2) Prior to Certification to Public Hearing. The Investigating Commissioner may issue subpoenas relating to any matter under investigation or in question before them. Any party may move for the issuance of a subpoena from the Investigating Commissioner. The Investigating Commissioner may, through a discovery order, delegate the authority to issue subpoenas to counsel for the parties.
(3) Following Certification to Public Hearing. Following certification to public hearing, counsel for any party may issue subpoenas compelling the attendance and testimony of witnesses and the production of documents at public hearing. The subpoena shall identify the name and address of the party at whose request the subpoena was issued.
(4) Vacation or Modification of Subpoenas. Any non-party subject to subpoena, counsel for any party to the proceeding, pro se party, or counsel for the Commission may move to vacate or modify a subpoena in accordance with 804 CMR 1.13, except that non-parties are exempt from 804 CMR 1.13(5)(a) through (d). The Investigating Commissioner or, in the event the complaint has been certified to public hearing, the Hearing Commissioner, shall review the subpoena to determine whether it should be vacated or otherwise modified and issue a decision forthwith.
(5) Enforcement of Subpoenas. Upon the failure of any person to comply with a subpoena issued pursuant to 804 CMR 1.14 and not subsequently vacated or modified by the Commission, the Commission may, either through one of its attorneys or through private counsel so designated, apply to the Superior Court for an order requiring compliance with the subpoena pursuant to M.G.L. c. 30A, § 12(5) and M.G.L. c. 151B, § 6. The Commission may seek an order for costs and attorney fees from the Superior Court when enforcing subpoenas pursuant to 804 CMR 1.14(5), as well as appropriate sanctions under M.G.L. c. 151B, § 8.