Before the hearing has commenced, the agency, or the assigned hearing officer in accordance with Government Code § 27721, shall issue subpoenas and subpoenas duces tecum at the request of any party for attendance or production of documents at the hearing. Compliance with the provisions of Code of Civil Procedure § 1985 shall be a condition precedent to the issuance of a subpoena duces tecum. After the hearing has commenced, the agency itself hearing a case or a hearing officer sitting alone may issue subpoenas and subpoenas duces tecum.
If any person in proceedings before an agency disobeys or resists any lawful order or refuses to respond to a subpoena, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of misconduct during a hearing or so near the place thereof as to obstruct the proceeding, the agency shall certify the facts to the Superior Court of the County to initiate proceedings pursuant to Government Code §§ 25170—25176.
(Ord. 1709, passed - -1972)