Section 792.11010. Subpoena.

(1) Upon a showing of good cause, the administrative law judge shall provide a standard subpoena form at the request of a party and shall issue the subpoena authorized by law unless the requester is a licensed attorney, in which case the attorney will be responsible for issuing his or her own subpoena. A request for a subpoena shall include the following:

(a)    The name and address of the person whose testimony is required.

(b)     If a document is sought (and so long as the identifiable records are not exempt from disclosure by law), what document is to be subpoenaed.

(c)      Why the person’s presence and document or only the document is needed at the hearing.

(d)    How the document or the person’s testimony relates to the hearing issue.

(2)   The party requesting the subpoena is responsible for serving the subpoena and must pay the attending witness the appropriate fee per day or per half day pursuant to the administrative handbook manual legal plus the state travel rate per mile from and to the person’s residence in Michigan.

(3)     Agency employees shall participate in hearings without a subpoena when their testimony is required. Requests for subpoenas for agency employees will be denied; however, if participation of an identified agency employee cannot be arranged. The hearing system will decide whether to require the employee’s participation after receiving the following information:

(a)    The name and location of the employee.

(b)    The reasons the employee’s participation is needed.

(c)    How the employee’s testimony relates to the hearing issue.

(4)   If a subpoena is not obeyed, appearance of the subpoenaed individual or production of the subpoenaed records, documents, or books may be enforced as provided by law.

History: 2015 AACS.