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24.11.335    SUBPOENAS

(1) The appeals referee may issue subpoenas on the referee's own motion or may issue up to three to an interested party upon request. Subpoenas may be issued for the attendance of witnesses or the production of documents. Subpoenas must be served in the same manner as provided in civil actions.

(2) When an interested party requires more than three subpoenas, the party must file a written request with the Office of Administrative Hearings, which specifies the following:

(a) expected content of evidence or witness testimony;

(b) necessity of the witness' testimony;

(c) refusal of the witness to testify voluntarily; and

(d) how the testimony of each witness differs from the expected testimony of other witnesses.

(3) A requested subpoena will not be issued when the hearing officer determines a subpoena is unduly burdensome or the expected witness testimony will be unnecessarily repetitive or irrelevant.

(4) The appeals referee may enter the appropriate order for failure to comply with the provisions of a subpoena.

History: 39-51-302, MCA; IMP, 39-51-1109, 39-51-2403, MCA; NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 2013 MAR p. 2144, Eff. 11/15/13

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