Rhode Island Code of Regulations
Title 475 - Personnel Appeals Board
Chapter 00 - N/A
Subchapter 00 - N/A
Part 1 - Rules and Regulations of the Personnel Appeal Board
Section 475-RICR-00-00-1.4 - Subpoena Power
Universal Citation: 475 RI Code of Rules 00 00 1.4
Current through September 18, 2024
A. The Board is hereby authorized to require the attendance of witnesses by subpoena and to acquire the production of books, papers and documents at any hearings pursuant to R.I. Gen. Laws § 36-3-10.
1. In accordance with authorization by R.I. Gen. Laws §
36-3-10.1 the Board retains unto itself the sole power to authorize issuance of a subpoena.
2. Subpoenas issued by and in the name of the Board shall be signed by its Presiding Officer at time of issue after a majority vote thereon.
3. No subpoena shall by Motion of the Board be approved for issue unless the Board determines that the public interest or the interest of justice be served thereby.
4. The Board or any party to a proceeding before it may petition for the issuance of a subpoena for production, at a subsequent hearing, a witness, documents, or materials related to the relevancy of the action before the Board. However, other than the Board, the party requesting such subpoena shall establish the reasonableness of such subpoena request by detailing the relevancy and necessity for its issuance and the materiality of the evidence being sought.
5. A subpoena issued by the Board may be modified or quashed by the Board, upon motion and a showing that such subpoena is unreasonable or oppressive.
6. In subpoenas granted for issuance to any party to a proceeding before the Board, service of same shall be arranged by the moving party in accordance with the provisions contained in Super. R. Civ. P. 33.
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