(a) Authority of Board. The Board or hearing examiner is authorized and empowered to summon witnesses for hearings by requesting the City Clerk, pursuant to Charter Section 217 (Amended by Ord. No. 173,300, Eff. 6/30/00, Oper. 7/1/00.) to issue subpoenas requiring the attendance of such witnesses at a time and place specified.
(b) Affidavit Required. The Board, any Board member, the Secretary of the Board, or the hearing examiner may summon witnesses for hearings at the request of any party to a proceeding under this article. A party to a proceeding under this article desiring the issuance of a subpoena shall make a written request for the subpoena accompanied by an affidavit specifying the name and address of the proposed witness and setting forth in full detail the materiality of the witness’s testimony. If the party seeks a subpoena duces tecum, the affidavit shall specify in addition the exact matters or things desired to be produced, and set forth in full detail the materiality thereof to the issues involved in the case, and state that the witness has the desired matters or things in their possession or under their control.
(c) Penalties.
1. Ignoring Subpoena. It is a misdemeanor to willfully ignore a subpoena or subpoena duces tecum issued pursuant to this article.
2. Refusal to Testify. It is a misdemeanor for any person present at any hearing in obedience to a subpoena or otherwise to willfully refuse to be sworn or willfully refuse to answer any material or proper question directed to the person by the Board or hearing examiner.