Section 12014 - Subpoenas(a) The issuance and enforcement of a subpoena or subpoena duces tecum in any adjudicative proceeding held pursuant to the Act for which a notice of hearing has been issued will be in accordance with Article 11 (commencing with section 11450.05) and Article 12 (commencing with section 11455.10), respectively, of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code. The issuance of a subpoena or subpoena duces tecum may be on the form entitled "Subpoena," CGCC-CH1-02 (New 05/20), which is attached in Appendix A to this chapter, or in a manner that otherwise complies with Article 11 of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code. All subpoenas and subpoenas duces tecum must be served, in accordance with Government Code section 11450.20 and with a copy to the presiding officer, at least 30 days prior to the date specified for commencement of the hearing in the notice of hearing, or the date specified in the subpoena for the appearance of a witness or the production of records. No subpoena duces tecum may be served by an applicant or complainant upon the other party.(b) Any motion made pursuant to subdivision (a) of section 11450.30 of the Government Code must be filed with the presiding officer no later than 15 days prior to the date specified for appearance or for the production of records. The party bringing the motion must serve copies of the motion on all parties and persons who are required by law to receive notice of the subpoena. Any response to the motion must be filed with the presiding officer and served no later than 5 days before the motion is scheduled to be heard. On the presiding officer's own motion, or upon a timely motion of a party or a witness, after notice to the parties and an opportunity to be heard, upon a showing of good cause, the presiding officer may order the quashing of a subpoena or subpoena duces tecum entirely, may modify it, or may direct compliance with it upon other terms and conditions.(c) The presiding officer may shorten or extend, as applicable, any of the time periods specified in subsections (a) and (b) upon a showing of good cause.Cal. Code Regs. Tit. 4, § 12014
1. New section filed 9-27-2013; operative 9-27-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 39).
2. Editorial correction of subsection (b) (Register 2019, No. 20).
3. Amendment of subsections (a) and (b) filed 1-22-2020; operative 4-1-2020 (Register 2020, No. 4).
4. Amendment of subsection (a) filed 12-12-2020; operative 1-1-2021 pursuant to Government Code section 11343.4(b) (Register 2020, No. 51). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
5. Amendment of subsections (a)-(b) filed 5-16-2023; operative 7-1-2023 (Register 2023, No. 20). Note: Authority cited: Sections 19811, 19823(a), 19824(h), 19840 and 19841, Business and Professions Code; and Section 11450.05(b), Government Code. Reference: Sections 19840, 19870 and 19871, Business and Professions Code; Sections 1985, 1985.1, 1985.2, 1985.3 and 1985.4, Code of Civil Procedure; Sections 1560 and 1561, Evidence Code; and Sections 11450.05, 11450.20, 11450.30, 11450.50 and 11455.10, Government Code.
1. New section filed 9-27-2013; operative 9-27-2013 pursuant to Government Code section 11343.4(b)(3)(Register 2013, No. 39).
2. Editorial correction of subsection (b) (Register 2019, No. 20).
3. Amendment of subsections (a) and (b) filed 1-22-2020; operative 4/1/2020 (Register 2020, No. 4).
4. Amendment of subsection (a) filed 12-12-2020; operative 1/1/2021 pursuant to Government Code section 11343.4(b) (Register 2020, No. 51). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
5. Amendment of subsections (a)-(b) filed 5-16-2023; operative 7/1/2023 (Register 2023, No. 20).