Okla. Admin. Code § 158:1-5-8

Current through Vol. 41, No. 24, September 3, 2024

Section 158:1-5-8 - Subpoenas

(a)Issuance. Subpoenas for the attendance of witnesses, the furnishing of information and the production of evidence shall be issued by the Hearing Clerk upon request by a party. As an officer of the court, an attorney authorized to practice law in Oklahoma may also issue and sign subpoenas. Filing a formal request for the issuance of subpoenas shall not be required. Subpoenas shall be served and a return made in the same manner as provided in the Oklahoma Pleading Code.

(b)Failure to obey. The Board or Petitioner may seek an appropriate judicial proceeding to compel compliance by persons who fail to obey asubpoena, who refuse to be sworn or make an affirmation at a hearing or who refuse to answer a proper question during a hearing. The hearing shall proceed despite any such refusal but the Administrative Law Judge may, in his discretion at any time, continue the proceedings as necessary to secure a court ruling.

(c)Motions to quash. Motions to quash subpoenas may be filed with the hearing clerk and will be ruled on by the Administrative Law Judge.

Okla. Admin. Code § 158:1-5-8

Added at 19 Ok Reg 1243, eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff 5-28-02