Section 38.173. Subpoenas.

(1) The administrative law judge may subpoena witnesses and documentary or physical evidence on his or her own motion and shall subpoena witnesses and documentary or physical evidence at the request of  the controlling board or the teacher. If a person refuses to appear and testify in answer to a subpoena issued by the administrative law judge, then the party on whose behalf the subpoena was issued may file  a  petition  in  the circuit court of the county in  which  the   hearing is held for an order requiring compliance. Failure to obey an order of the court may be punished by the court as contempt. The administrative law judge may stay further proceedings until the subpoena is obeyed. Upon motion made at or before the time specified in the subpoena for compliance with the  subpoena,  the administrative   law judge may quash  or  modify the  subpoena if it is unreasonable or oppressive.

(2)   A subpoena shall state the title of the matter and shall command each person to whom it is directed to attend and give testimony at a time and place specified in the subpoena. The administrative law judge shall sign and issue a subpoena, in blank, to a party requesting it. The requesting party shall fill in the subpoena before service.

(3)   A subpoena shall be served in the manner prescribed by statute or the Michigan Court Rules, 1996/1997 edition, for subpoenas in civil actions. A subpoena may be served at any place within the state. Upon a showing to the administrative law judge that service of the subpoena cannot reasonably be made in person, the administrative law judge may allow service of a subpoena to be made upon a person in any other manner that is reasonably calculated to give the person actual notice of the subpoena.

(4)   Witnesses subpoenaed before the commission shall be paid the same fees and mileage that are paid to witnesses in circuit courts. Witness fees and mileage shall be paid by the party at whose instance the witnesses appear, but may be recovered by the prevailing party as costs if the commission so directs.

History: 1998-2000 AACS.