Cal. Code Regs. Tit. 22, § 51033 - Subpoenas and Witnesses
(a)
The hearing officer shall issue subpoenas and subpoenas duces tecum before the
formal hearing, for attendance or production of documents at the formal
hearing, as necessary or at the request of any party. The hearing officer may
also issue subpoenas and subpoenas duces tecum after the formal hearing has
commenced. Compliance with the provisions of Section
1985,
California Code of Civil Procedure, shall be a condition precedent to the
issuance of a subpoena duces tecum.
(b) The process issued pursuant to subsection
(a) shall be extended to all parts of the State and shall be served in
accordance with the provisions of Sections
1987
and
1988,
California Code of Civil Procedure. No witness shall be obliged to attend at a
place out of the county in which he resides unless the distance be less than
150 miles from his place of residence except that the hearing officer, upon
affidavit of any party showing that the testimony of such witness is material
and necessary, may endorse on the subpoena an order requiring the attendance of
such witness.
(c) All witnesses
appearing pursuant to subpoena, other than the parties or officers or employees
of the State or any political subdivision thereof, shall receive fees and all
witnesses appearing pursuant to subpoena, except the parties, shall receive
mileage in the same amount and under the same circumstances as prescribed by
law for witnesses in civil actions in a superior court.
(d) Witnesses appearing pursuant to subpoena,
except the parties, who attend formal hearings at points so far removed from
their residences as to prohibit return thereto from day to day shall be
entitled, in addition to fees and mileage, to a per diem compensation of $3.00
for expenses of subsistence for each day of actual attendance and for each day
necessarily occupied in traveling to and from the hearing. Fees, mileage and
expenses of subsistence shall be paid by the party at whose request the witness
is subpoenaed.
Notes
Note: Authority cited: Sections 14105, 14124.5, and 14171, Welfare and Institutions Code. Reference: Section 14171, Welfare and Institutions Code.
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