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Hawaii Regulations § 3-161-16 Subpoenas

⤴ Up to Subchapter 1: General Provisions

Regulation Text

(a) The commission or hearings officer on its/her/his own, or at the request of a party, shall have the power on its/her/his own to issue subpoenas requiring the attendance of witnesses or the production of documents. The commission or hearings officer may require that any request for the issuance of a subpoena identify with particularity the person to be subpoenaed or the documents desired. Witnesses summoned shall be paid the same fees and mileage as are paid witnesses in courts in the State and the fees and mileage shall be paid by the party at whose instance the subpoena issues, or by the commission should the commission itself decide to issue the subpoena, or the hearings officer herself/himself should the hearings officer decide to issue the subpoena.
(b) Application for subpoenas shall be made in writing to the commission. The application shall be reasonable in scope and specify as clearly as possible documents or data desired, and show its general relevancy.
(c) Upon motion timely made, or sua sponte, the commission or hearings officer may:
(1) Quash or modify the subpoena if it is unreasonable and oppressive, or the application fails to support a showing of general relevancy; or
(2) Condition denial of the motion to quash or modify a subpoena upon advancement by the requesting party of the costs of producing the documents.
(d) A subpoena shall not be issued requiring the attendance of any commission member or its staff.

History

[Eff MAY 29 2010] (Auth: HRS §§ 91-2 , 11-193) (Imp: HRS §§ 91-2 , 91-3 , 91-8 , 91-9 , 92-16 , 11-193, 11-216, 11-225, 11-228, 11-229)

[ Comp 12/1/2016 ] (Auth: HRS § 11-314 (8) ) (Imp: HRS §§ 11-314 (7) , 11-401 , 11-407 , 11-408 , 11-409 , 11-410 )

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