Ga. Comp. R. & Regs. R. 350-4-.17 - Subpoenas
(1) The Administrative Law Judge shall have the authority to
issue subpoenas requiring the attendance and testimony of witnesses and the
production of objects or documents at depositions or hearing.
(2) Every subpoena shall be prepared by the requesting party
and issued by the Administrative Law Judge on behalf of the Commissioner, shall
state the title of the action, and shall command each person to whom it is
directed to attend and give testimony or produce objects or documents in his
possession or control or to do both at a time and place therein specified.
Requests for subpoenas shall be filed at least five (5) days prior to the
hearing or deposition at which the attendance of the witness or the production
of the documents or objects is sought, unless there is good cause shown for
submitting a request less than five (5) days in advance. The party requesting
the subpoena shall be responsible for serving the same sufficiently in advance
of the hearing to secure the attendance of the witness or the availability of
such objects or documents at the title of the hearing.
(3) Failure of appearance by a witness, whether required by
subpoena or not, may constitute grounds for a continuance or for other action.
In determining what action to take, the Administrative Law Judge shall consider
the materiality of the testimony, documents, or objects sought, potential
prejudice and inconvenience to the parties, and the likelihood of obtaining
compliance with a subpoena. The Administrative Law Judge may order whatever
action he deems appropriate to the circumstances.
(4) When a subpoena is disobeyed, any party may apply to the
superior court of the county where the case is being heard for an order
requiring obedience. Failure to comply with such order shall be cause for
punishment as for contempt of court.
Notes
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