(1)General Provisions. Subpoenas shall be issued in the name of the Commission and in accordance with M.G.L. c. 151B, § 3 and M.G.L. c. 30A, § 12, subject to the following provisions: (a)Subpoenas may require the attendance and testimony of witnesses and the production, copying, and photographing of any evidence including, but not limited to, books, records, correspondence documents or electronically stored information.(b) A subpoena may be served by any person who is not a party and who is 18 years of age or older.(c) Service of a subpoena upon a person named therein shall be made by personal service.(d) When a subpoena is issued at the request of a party other than the Commission, the cost of the service as well as witness and mileage fees shall be those as in civil cases before the courts and shall be borne by the moving party.(e) Upon a showing of economic hardship and in the interest of justice a party may move that a subpoena be issued by the Commission. Any such motion is exempt from 804 CMR 1.13(4) and (5), although it shall be served on counsel for all other parties to the proceeding before the Commission including, but not limited to, counsel for the Commission.(f) Any party issuing a subpoena to a non-party shall give 14 days notice to the Commission and all parties prior to service, and the subpoena may not be served pending any motion served pursuant to 804 CMR 1.10(7) or 804 CMR 1.14(4).(2)Prior to Certification to Public Hearing. The Investigating Commissioner may issue subpoenas relating to any matter under investigation or in question before them. Any party may move for the issuance of a subpoena from the Investigating Commissioner. The Investigating Commissioner may, through a discovery order, delegate the authority to issue subpoenas to counsel for the parties.(3)Following Certification to Public Hearing. Following certification to public hearing, counsel for any party may issue subpoenas compelling the attendance and testimony of witnesses and the production of documents at public hearing. The subpoena shall identify the name and address of the party at whose request the subpoena was issued.(4)Vacation or Modification of Subpoenas. Any non-party subject to subpoena, counsel for any party to the proceeding, pro se party, or counsel for the Commission may move to vacate or modify a subpoena in accordance with 804 CMR 1.13, except that non-parties are exempt from 804 CMR 1.13(5)(a) through (d). The Investigating Commissioner or, in the event the complaint has been certified to public hearing, the Hearing Commissioner, shall review the subpoena to determine whether it should be vacated or otherwise modified and issue a decision forthwith.(5)Enforcement of Subpoenas. Upon the failure of any person to comply with a subpoena issued pursuant to 804 CMR 1.14 and not subsequently vacated or modified by the Commission, the Commission may, either through one of its attorneys or through private counsel so designated, apply to the Superior Court for an order requiring compliance with the subpoena pursuant to M.G.L. c. 30A, § 12(5) and M.G.L. c. 151B, § 6. The Commission may seek an order for costs and attorney fees from the Superior Court when enforcing subpoenas pursuant to 804 CMR 1.14(5), as well as appropriate sanctions under M.G.L. c. 151B, § 8.Amended by Mass Register Issue 1409, eff. 1/24/2019.