(A) Filing and affidavit. The Board or examiner may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of other evidence at a hearing upon the request of a member of the Board or upon the written demand of any party. The issuance and service of the subpoena shall be obtained upon the filing of an affidavit therefore which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in his or her possession or under his or her control. A subpoena need not be issued when the affidavit is defective in any particular.
(B) Cases referred to examiner. In cases where a hearing is referred to an examiner, all subpoenas shall be obtained through the examiner.
(C) Penalties. Any person who refuses without lawful excuse to attend any hearing or to produce material evidence in his or her possession or under his or her control as required by any subpoena served upon the person as provided for herein shall be guilty of a misdemeanor.
(Ord. 97-342, passed 5-25-2005) Penalty, see § 10.99