§ 38.09 SUBPOENAS.
   (A)   Issuance. Issuance of a subpoena shall be at the discretion of the Administrative Hearing Officer and shall only be enforceable for the attendance of persons or the production of books, records, or other documents that have a relevant evidentiary connection with the: 1) subject matter; and 2) facts that are relevant to the case and relate to a contested issue in the case. A party’s request to an Administrative Hearing Officer for a subpoena must be timely. Service of subpoenas shall be made in the same manner as summons in a civil action. Issuance shall be based upon whether the evidence sought is relevant and necessary to the defense of a violation, where, without the issuance of the subpoena, the defense could not otherwise be established by the requesting party.
   (B)   Content. A subpoena issued under this chapter shall identify:
      (1)   The person to whom it is directed;
      (2)   The documents or other items sought by the subpoena, if any; and
      (3)   The date, time, and place for the appearance of the witnesses and the production of the documents or other items described in the subpoena.
   (C)   Appearance. The date identified for the appearance of the witnesses or the production of the documents or other items shall not be less than seven days after service of the subpoena.
   (D)   Contesting a subpoena. Within five business days of being served with a subpoena issued in accordance with this chapter, the person or entity to whom the subpoena is directed may contest the issuance of the subpoena by filing a written motion with the Unit, and with proper notice to all parties. The motion shall specify the grounds for contesting the subpoena, and shall be heard by an Administrative Hearing Officer on the return date indicated on the subpoena, or at the next hearing date scheduled for the case, whichever occurs earlier.
(Ord. 15-3507, passed 12-21-2015)