OAR 859-050-0045: Witnesses and Documents; Subpoena

Witnesses or documents may be subpoenaed as provided in ORS 161.395 upon request of any party to the hearing or on the Board's own motion, upon a proper showing of the general relevance and reasonable scope of the documentary or physical evidence sought: (1) Witnesses with a subpoena other than parties or state officers or employees will receive fees and mileage, as prescribed by law. (2) The Legislature has provided that a judge of the Circuit Court of the county in which the hearing is held will compel obedience by proceeding for contempt for failure of any person to comply with the subpoena issued. (3) Board staff will prepare subpoenas duces tecum and subpoenas for testimony requested by either party. However, the party requesting the subpoena is responsible for serving the subpoena.