(1) Any party to the classification hearing shall have the right to subpoena witnesses and documents in accordance with M.G.L. c. 30A, § 12.(2)Petition to Modify or Vacate Subpoena. Pursuant to M.G.L. c. 30A, § 12(3) and (4), a subpoena may be modified or vacated by the presiding Hearing Examiner at the request of the subpoenaed witness. If a witness petitions the Board to modify or vacate a subpoena, the presiding Hearing Examiner shall promptly notify the parties. In acting upon such a request, the presiding Hearing Examiner may grant a petition, in whole or in part, after considering whether:
(a) the testimony or evidence sought is relevant or reasonably related to the classification hearing;(b) the subpoena adequately describes the evidence required;(c) compliance with the subpoena poses an unreasonable burden on the witness; or(d) the testimony or documents requested fall within a constitutional or statutory privilege.(3)Failure to Comply with Subpoena. Pursuant to M.G.L. c. 30A, § 12(6), if a witness fails to comply with a subpoena issued in the name of the Board that has not been revoked or modified pursuant to 803 CMR 1.15(2), the Board or the party who requested the subpoena be issued may apply to the Superior Court for an order directing the witness to comply.(4)Timing to Request Subpoena from the Board. A subpoena request must be made in writing and directed to the presiding Hearing Examiner. The written request must set forth the name, address and date of birth of the witness and additionally, the substance of the witness's expected testimony. All subpoena requests must be filed no later than 21 business days prior to the hearing date.Amended by Mass Register Issue 1305, eff. 1/29/2016.