Tenn. Comp. R. & Regs. 0180-06-.20 - SUBPOENA
(1) For Attendance of Witnesses Form;
Issuance. Every subpoena shall be issued by the Commissioner, Hearing Officer,
or Administrative Law Judge, shall state the name of the Department and the
title of the action, and shall command each person to whom it is directed to
attend and give testimony at the time and place and for the party therein
specified.
(2) For Production of
Documentary Evidence. A subpoena may also command the person to whom it is
directed to produce the books, papers, documents, or tangible things designated
therein or other objects as may be necessary and proper for the purpose of the
proceeding; but the Commissioner, Hearing Officer, or Administrative Law Judge
upon motion made promptly and in any event at or before the time specified in
the subpoena for compliance therewith, may
(a)
quash or modify the subpoena if it is unreasonable and oppressive or
(b) condition denial of the motion upon the
advancement by the person in whose behalf the subpoena is issued of the
reasonable cost of producing the books, papers, documents, or tangible
things.
(3) Service. A
subpoena may be personally served in accordance with the Tennessee Rules of
Civil Procedure, for service of subpoenas in civil actions, or by certified
mail through the United States Postal Service.
(4) Subpoena for Taking Depositions; Place of
Deposition. A subpoena for taking depositions may be issued by the
Commissioner, or the Hearing Examiner assigned to hear the case as provided in
T.C.A. § 4-5-110(b). If the subpoena commands the person to whom it is
directed to produce designated books, papers, documents, or tangible things
which constitute or contain evidence relating to any of the matters within the
scope of the examination permitted by Rule 0180-6-.10(2), the subpoena will be
subject to the provisions of Rule 0180-6-.13(2) and 0180-6-.20(2).
(5) Subpoena for a Hearing; Personal
Attendance. At the request of any party subpoenas for attendance at a hearing
shall be issued by the Commissioner or the Hearing Examiner assigned to hear
the case, and such subpoena may be served at any place within the
state.
(6) Contempt. Disobedience
to a lawful subpoena issued by the Commissioner or refusal to be sworn or to
answer as a witness in any manner may be subject to contempt of court as
provided in T.C.A. § 4-5-110(b).
Authority: T.C.A. § 4-5-110.
Notes
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