New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter I - Industrial Board Of Appeals
Subchapter B - Rules Of Procedure And Practice
Part 65 - Procedure And Practice
Subpart D - Pre-hearing procedure and discovery
Section 65.37 - Subpoenas
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The Board, by one or more members, or by a designated employee, has the power to issue subpoenas for and compel the attendance of witnesses and the production of evidence.
(b) Applications for subpoenas must be filed with the Board no later than 30 days prior to a scheduled hearing and must show the name and address of the party at whose request the subpoena is to be issued.
(c) Any person who is served with a subpoena may move within 10 days after service of the subpoena to revoke or modify it if the evidence requested is not relevant to the proceeding, the subpoena does not adequately describe the evidence requested, or for any other reason sufficient in law that the subpoena should be revoked or modified.
(d) A motion to revoke or modify a subpoena must be made in the same manner as a motion addressed to a pleading brought under section 65.24 of these rules except a response to a motion to revoke or modify a subpoena must be filed, with proof of service, within 10 days after service of the motion unless otherwise directed by the Board. A reply, if any, must be filed with proof of service, within 10 days after the service of the response unless otherwise directed by the Board.
(e) A person subpoenaed to produce evidence or to appear at a hearing is entitled to the payment of the same fees and mileage as required by the Civil Practice Law and Rules.
(f) Persons subpoenaed to submit data or evidence at a public proceeding are entitled, upon payment of lawfully prescribed costs, to obtain a copy of the transcript of the data or evidence they submitted.
(g) Copies of the Board's subpoena forms may be requested by phone, in writing, or may be found at the Board's website. The subpoena form must be completed by the party requesting issuance of a subpoena and submitted to the Board for issuance. The requesting party must also send notice to each non-requesting party of the subpoena requests. Service of a subpoena issued by the Board is the responsibility of the requesting party.
