Wis. Admin. Code Employment Relations Commission ERC 93.05

Current through November 25, 2024
Section ERC 93.05 - Attendance of witnesses
(1) REQUESTS TO APPEAR. At the request of any party or on its own motion, a commissioner or the hearing examiner may issue letters to state employees requiring them to appear and to testify at a hearing unless it is determined that their testimony will be irrelevant, immaterial or unduly repetitious. The commission shall mail the letters to the prospective witness unless the party requesting the letter asks to be responsible for personally serving the letters.
(2) SUBPOENAS.
(a)Issuance. Subpoenas, including subpoenas to compel the attendance of witnesses and subpoenas requiring the production of material, may be issued by a commissioner or the hearing examiner at the request of a party or on the commission's own motion, or may be issued by an attorney of record in a commission proceeding in the same manner as provided in s. 805.07, Stats. The commissioner or hearing examiner may review the reasonableness of any request before issuing a subpoena.
(b)Service. The party issuing or requesting a subpoena is responsible for service of the subpoena and for any costs related to service.
(3) WITNESS FEES.
(a)State civil service employees. State civil service employees who attend hearings as witnesses are entitled to that compensation specified in s. ERC 91.13(2).
(b)Persons subpoenaed. Any person not under the state civil service who appears before the commission by order are entitled to receive fees and mileage as provided in s. 230.44(4) (b), Stats.

Wis. Admin. Code Employment Relations Commission ERC 93.05

Adopted by, correction in (3) (a) made under s. 13.92(4) (b) 7, Stats., Wisconsin Register December 2014 No. 708, eff.1/1/2015.

The computation of witness fees under par. (b) is governed by s. 814.67(1) (b) and (c), Stats.