Pennsylvania Code
Title 40 - LIQUOR
Part I - LIQUOR CONTROL BOARD
Chapter 17 - SPECIAL RULES OF PRACTICE AND PROCEDURE FOR MATTERS BEFORE THE BOARD
Subchapter A - GENERAL
Section 17.5 - Subpoenas
Universal Citation: 40 PA Code ยง 17.5
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Issuance. Except for subpoenas issued upon the Board's own motion, issuance of subpoenas will be as follows:
(1) Subpoenas for the attendance of witnesses
or for the production of documents will be issued only upon written application
to the Board, with a copy of the application to the opposing party.
(2) Written application shall specify as
clearly as possible the relevance of the testimony or documentary evidence
sought. Requests for documents must specify, to the extent possible, the
documents desired.
(3) Failure to
adhere to this subsection may result in the refusal by the Board to issue the
requested subpoenas.
(b) Service. Service of subpoenas shall be as follows:
(1) A subpoena shall be served personally
upon the witness by the party requesting the subpoena, who shall be responsible
for witness fees.
(2) Subpoenas for
the production of documents shall be served upon the individual in possession
of the documents, if known, or the agency head, who may designate a custodian
of the documents.
(3) Service shall
be made at least 48 hours prior to the hearing, unless the witness agrees to
waive the 48-hour requirement.
(4)
Failure to adhere to this subsection may result in a ruling by the Board
denying the enforceability of the subpoena.
(c) Supersession. Subsection (a) supersedes 1 Pa. Code §35.142(a) (relating to subpoenas). Subsection (b) supplements 1 Pa. Code §35.142(b) and (c).
The provisions of this §17.5 amended under section 207(i) of the Liquor Code (47 P. S. § 2-207(i)).
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