Section 1187.7 - Witnesses and Subpoenas(a) A party shall arrange for the presence of its own witnesses at a hearing.(b) A subpoena may be issued upon a majority vote of the Commission. A party requesting a subpoena shall file a written application with the Commission at least six weeks prior to the Commission meeting at which the request will be considered.(c) An application for a subpoena to compel the attendance of a witness shall be made by affidavit and shall give the name and address of the person to be subpoenaed, shall describe the matters to be testified on, shall set forth in detail the relevance to the issues involved in the matter, shall specify the date, time, and place of the hearing on the matter and that, to the best of the applicant's personal knowledge, information, or belief, the person to be subpoenaed has knowledge of the matter. If the applicant is unable to obtain the name of the person who has knowledge of the matter, the name of the director of the state or local agency or superintendent of a school district may be used for the application.(d) An application for subpoena duces tecum for the production by a witness of books, papers, correspondence, memoranda, or other records, including records of the claimant or requester, shall be made by affidavit and shall give the name and address of the person to be subpoenaed, shall describe the documents or things desired to be produced, shall set forth in detail the relevance to the issues involved in the matter, shall specify the date on which the documents or things shall be produced, and that, to the best of the applicant's personal knowledge, information, or belief, the witness has the documents or things in his or her possession or under his or her control and that none of the documents or things desired to be produced are public records accessible to the public pursuant to Section 7920.000 et seq., of the Government Code. If the applicant is unable to obtain the name of the person who has possession or control of the documents or things desired to be produced, the name of the director or superintendent or custodian of records of the state or local agency or school district may be used for the application.(e) When a request for subpoena or subpoena duces tecum is approved by the Commission, the subpoena or subpoena duces tecum shall be issued signed by the executive director, but otherwise be blank.(f) Before service, all appropriate portions of the blank subpoena or subpoena duces tecum shall be completed by the applicant, and the name, address, and telephone number of the applicant shall be included on the form. Service of subpoenas and subpoenas duces tecum shall be made with a copy of the affidavit and shall be arranged for by applicants.(g) Except as otherwise provided in this section, service of subpoenas or subpoenas duces tecum shall be in accordance with the provisions of Section 1985 et seq., of the Code of Civil Procedure.Cal. Code Regs. Tit. 2, § 1187.7
Note: Authority cited: Sections 17527(g) and 17553(a), Government Code. Reference: Sections 17527(d), 17551 and 17553(a), Government Code.
Note: Authority cited: Sections 17527(g) and 17553(a), Government Code. Reference: Sections 17527(d), 17551 and 17553(a), Government Code.
1. Amendment of section and Note filed 7-23-96; operative 7-23-96. Submitted to OAL for printing only (Register 96, No. 30).
2. Repealer and new section filed 5-19-2014; operative 7/1/2014 pursuant to Government Code section 11343.4(a)(3). Exempt from OAL review and submitted to OAL for printing only pursuant to Government Code section 17527 (Register 2014, No. 21).
3. Amendment of Note filed 9-24-2015; operative 10/1/2015 pursuant to Government Code section 11343.4(b)(3). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527(g) (Register 2015, No. 39).
4. Amendment of subsections (c) and (g) filed 9-13-2016; operative 10/1/2016 pursuant to Government Code section 17527(g) (Register 2016, No. 38).
5. Amendment of subsections (c) and (d) filed 2-27-2018; operative 4/1/2018 pursuant to Government Code section 11343.4(a). Exempt from OAL review and submitted to OAL for for filing and printing only pursuant to Government Code section 17527(g) (Register 2018, No. 9).
6. Editorial correction of History 5 (Register 2018, No. 18).
7. Amendment of subsections (a)-(d) and (f) filed 1-23-2020; operative 4/1/2020 (Register 2020, No. 4).
8. Amendment of subsection (d) filed 5-9-2024; operative 7/1/2024 (Register 2024, No. 19).