(a) An administrative law officer may issue a subpoena only if he or she determines that the testimony of the witnesses or the documents or items sought by the subpoena are necessary to present evidence that is:
(i) relevant to the case; and
(ii) relates to a contested issue in the case.
(b) A subpoena issued under this chapter shall identify:
(i) the person to whom it is directed;
(ii) the documents or other items sought by the subpoena, if any;
(iii) the date for the appearance of the witnesses and the production of the documents or other items described in the subpoena;
(iv) the time for the appearance of the witnesses and the production of the documents or other items described in the subpoena; and
(v) the place for the appearance of the witnesses and the production of the documents or other items described in the subpoena.
(c) In no event shall the date identified for the appearance of the witnesses or the production of the documents or other items be less than seven days after service of the subpoena.
(d) Within three business days of being served with a subpoena issued in accordance with this chapter, the recipient of the subpoena may appeal the order authorizing the issuance of the subpoena to an administrative law officer, who shall not be the same administrative law officer who ordered the issuance of the subpoena.
(Added Coun. J. 7-10-96, p. 24982; Amend Coun. J. 11-12-97, p. 56813; Amend Coun. J. 4-29-98, p. 66564)