SUBPOENAS


§ 35.142. Subpoenas.

 (a)  Issuance. Subpoenas for the attendance of witnesses or for the production of documentary evidence, unless directed by the agency upon its own motion, will issue only upon application in writing to the agency head or the presiding officer, except that during sessions of a hearing in a proceeding, such application may be made orally on the record before the agency head or presiding officer, who is hereby given authority to determine the relevancy and materiality of the evidence sought and to issue such subpoenas in accordance with such determination. Such written applications shall specify as nearly as may be the general relevance, materiality, and scope of the testimony or documentary evidence sought, including as to documentary evidence, specification as nearly as may be, of the documents desired and the facts to be proved by them in sufficient detail to indicate the materiality and relevance of such documents.

 (b)  Service and return. If service of subpoena is made by a sheriff or like officer or his deputy, such service shall be evidenced by his return thereof. If made by another person, such person shall make affidavit thereof, describing the manner in which service was made, and shall return such affidavit on or with the original subpoena. In case of failure to make service, the reasons for the failure shall be stated on the original subpoena. In making service, a copy of the subpoena shall be exhibited to and left with the person to be served. The original subpoena, bearing or accompanied by the authorized return, affidavit, or statement, shall be returned forthwith to the office of the agency or, if so directed on the subpoena, to the presiding officer before whom the person named in the subpoena is required to appear.

 (c)  Fees of witnesses. Witnesses who are subpoenaed shall be paid fees as provided in §  35.139 (relating to fees of witnesses).

Notes of Decisions

   A party was deprived of a right incident to a hearing since her application for issuance of a subpoena was in proper form but the hearing body did not act on the application. Weinberg v. Insurance Department, 398 A.2d 1120 (Pa. Cmwlth. 1979).

   Failure to comply with the requirements of this section justifies the refusal to issue subpoenas. Henley v. Civil Service Commission, 395 A.2d 330 (Pa. Cmwlth. 1978).

Cross References

   This section cited in 1 Pa. Code §  35.139 (relating to fees of witnesses); 4 Pa. Code §  89.31 (relating to investigation); 4 Pa. Code §  105.14a (relating to subpoenas); 4 Pa. Code §  250.13 (relating to information); 4 Pa. Code §  265.3 (relating to level II hearings); 7 Pa. Code §  131.15 (relating to subpoenas); 12 Pa. Code §  81.221 (relating to issuing subpoenas); 12 Pa. Code §  81.222 (relating to persons required to appear); 12 Pa. Code §  81.223 (relating to producing documents or review by Authority staff); 12 Pa. Code §  81.224 (relating to service of subpoenas); 22 Pa. Code §  201.7 (relating to service and return of subpoenas); 22 Pa. Code §  233.124 (relating to power of subpoena); 25 Pa. Code §  1021.103 (relating to subpoenas); 28 Pa. Code §  1111.8 (relating to rights of the appellant); 34 Pa. Code §  95.95 (relating to witnesses and subpoenas); 34 Pa. Code §  131.81 (relating to subpoenas); 37 Pa. Code §  21.60 (relating to subpoenas); 37 Pa. Code §  123.3 (relating to subpoenas); 37 Pa. Code §  171.35 (relating to subpoenas); 37 Pa. Code §  197.13a (relating to subpoenas); 40 Pa. Code §  15.48 (relating to subpoenas); 40 Pa. Code §  17.5 (relating to subpoenas); 51 Pa. Code §  21.5 (relating to conduct of investigations); 52 Pa. Code §  5.343 (relating to procedures in deposition by oral examination); 52 Pa. Code §  5.421 (relating to subpoenas); 52 Pa. Code §  5.424 (relating to issuance of subpoenas); 52 Pa. Code §  1005.161 (relating to subpoenas); and 55 Pa. Code §  41.162 (relating to subpoenas).



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