Rules & Regulations of the State of Tennessee
Title 0800 - Labor and Workforce Development
Subtitle 0800-11 - Appeals Tribunal and Board of Review
Chapter 0800-11-04 - General Regulations for Both Appeal Stages
Section 0800-11-04-.04 - ISSUANCE OF SUBPOENAS, WITNESS FEES, PER DIEM, AND MILEAGE

Universal Citation: TN Comp Rules and Regs 0800-11-04-.04

Current through September 24, 2024

(1) The Chief of the Appeals Tribunal and the Special Master or Chairperson of the Board of Review shall issue subpoenas for witnesses or shall issue subpoenas duces tecum to compel the production of books, records, papers, or other objects upon written request by the claimant or the employer. Such written request must state:

(a) why the information or witness is needed, and

(b) the name and address of the witness, or the location and description of the object sought.

(2) Such subpoenas may be served or certified by mail or in any manner prescribed by law for the service of subpoenas in a civil action.

(3) The Chief of Appeals Tribunal and Chairperson of the Board of Review may, where necessary, issue subpoenas or subpoenas duces tecum upon their own motion in order to secure all evidence needed to provide a fair hearing to all parties of interest.

(4) The right to subpoena witnesses and to compel the production of records shall be subject to the limitation that no subpoena shall be issued if the Chief of the Appeals Tribunal or Chairman of the Board of Review finds, on the basis of specific facts, that issuance of the subpoena would result in an abusive and oppressive imposition, or would delay the proceedings unnecessarily.

(a) In determining whether a subpoena is abusive, oppressive, or would delay the proceedings unnecessarily, the Chief of the Appeals Tribunal or Chairperson of the Board of Review shall consider:
1. the relevance of the expected testimony to the case, and

2. the proximity of the prospective witness's information to the issues at stake, and

3. the possible duplication of testimony among witnesses, and

4. any other factors which are material to the case.

(b) If a subpoena is denied, an offer of proof may be made at the hearing concerning the evidence sought. If, after hearing the available evidence, the hearing officer determines that the proposed evidence could materially affect the outcome of the case, the hearing officer shall continue the hearing for the purpose of issuing the subpoena.

(5) In case of disobedience to any subpoena issued and served under this section, the Department or any party may apply to the Circuit or Chancery Court of the county of residence of the agency, party or witness, or to any judge or chancellor thereof, for an order to compel compliance with the subpoena.

(a) The court shall cite the respondent to appear and shall hear the matter as expeditiously as possible. If the refusal is found to be unlawful, the court shall enter an order requiring compliance.

(b) Disobedience of such order shall be punished as contempt of court in the same manner and by the same procedure as is provided for like conduct committed in the course of judicial proceedings.

(6) A witness appearing before the Appeals Tribunal or the Board of Review under subpoena shall be reimbursed in accordance with T.C.A. Sections 24-4-101, 24-4-102 and 24-4-104 if such witness makes known the witness's purpose to claim such compensation on the record before such witness is dismissed as a witness by the Appeals Referee, Board Member or Special Master presiding.

Authority: T.C.A. §§ 50-7-602 and 50-7-603.

Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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