OAR 471-040-0020: Subpoenas

(1) At the timely request of a party or on the administrative law judge's own initiative, an administrative law judge may issue a subpoena requiring a person to appear at a scheduled hearing for the purpose of giving testimony, or producing books, records, documents, or other physical evidence. (2) A party that submits a request for subpoena should show: (a) The name of the witness and the address where the witness can be served the subpoena; (b) That the testimony of the person is material; and (c) That the person will not voluntarily appear. (3) If the requesting party wishes the witness to produce books, records, documents, or other physical evidence, the party should also show: (a) The name or a detailed description of the specific books, records, documents, or other physical evidence the witness should bring to the hearing; (b) That such evidence is material; and (c) That such evidence is in the possession of the person who will not voluntarily appear and bring such evidence to the hearing. (4) An administrative law judge may limit the number of subpoenas for witnesses material to the proof of any one issue at the hearing. (5) Service of the subpoena upon the witness is the responsibility of the party requesting the subpoena. (6) A witness who attends a hearing pursuant to subpoena issued under this rule is entitled to witness fees and mileage as provided in Rule 55 E. (1), Rules of Civil Procedure, and in ORS 44.415(2) for subpoenaed witnesses. Fees will be paid by check mailed subsequent to the conclusion of the hearing. The witness shall request payment of fees by completion of forms approved by the Employment Department. Payment of fees shall be made promptly upon receipt of the request for payment. (7) Only witnesses, other than parties, who attend a hearing pursuant to subpoena issued under this rule may be paid or reimbursed by the Employment Department for witness fees and mileage. (8) For the purposes of ORS 657.295, the amount approved by the Director that counsel or agent representing an individual who is claiming benefits may charge or receive for the services is no more than 25% of an individual’s benefits affected by the administrative decision on a disputed claim and no more than 25% of the maximum benefit amount payable as defined under 657.150(5). [Publications: Publications referenced are available from the agency.]