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005.28.17-15.0. Subpoenas

AR ADC 005.28.17-15.0Arkansas Administrative CodeEffective: June 2, 2022

West's Arkansas Administrative Code
Title 005. Department of Education
Division 28. Division of Elementary and Secondary Education
Rule 17. Rules Governing the Code of Ethics for Arkansas Educators
Effective: June 2, 2022
Ark. Admin. Code 005.28.17-15.0
Formerly cited as AR ADC 005.16.13-15.00; AR ADC 005.28.17-15.00
005.28.17-15.0. Subpoenas
15.1 At the request of a party to a proceeding pending before the PLSB or its subcommittees, the Chair of the PLSB may issue a subpoena and bring before the PLSB, or the Chair of the Ethics Hearing Subcommittee may issue a subpoena and bring before the Ethics Hearing Subcommittee, as a witness any person in this state. The PLSB Chair or the Chair of the Ethics Hearing Subcommittee may, on his or her own motion, issue a subpoena at any time.
15.2 A party requesting a subpoena must make the request in writing to the PLSB staff attorney. Requests for subpoenas made to the PLSB shall be delivered to the office of the PLSB Attorney no later than ten (10) calendar days prior to the PLSB hearing for which the subpoena is requested.
15.3 The party requesting the subpoena is responsible for serving the subpoena on the witness in the manner provided for by statute or rule for the service of subpoenas in civil cases or by any form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or agent of the addressee. The requesting party is responsible for the payment of any fees or mileage associated with the appearance of the witness subject to the subpoena.
15.4 The subpoena shall:
15.4.1 Be in the name of the PLSB or the PLSB Ethics Hearing Subcommittee as applicable;
15.4.2 State the name of the proceeding; and
15.4.3 Command each person to whom it is directed to give testimony at the time and place specified in the subpoena in one (1) of the following ways:
15.4.3.1 In person;
15.4.3.2 Before a certified court reporter under oath at the place of the witness' residence or employment;
15.4.3.3 By video-taped deposition at the place of the witness' residence or employment, or at another location agreed to between the parties; or
15.4.3.4 By live video communications from the witness' residence, place of employment, or a nearby facility capable of providing video transmission to the PLSB or the Ethics Hearing Subcommittee.
15.5 The manner of providing testimony under the subpoena shall be conducted by video conference testimony unless another manner is agreed upon by the PLSB or the Ethics Hearing Subcommittee, as applicable, and the person who is the subject of the subpoena.
15.6 The subpoena may require the witness to bring with him or her any book, writing, or other thing under his or her control that he or she is bound by law to produce in evidence.
15.7 A witness who has been served by subpoena and who appears in person to testify at the trial or case pending before the PLSB or the Ethics Hearing Subcommittee shall be reimbursed for travel and attendance as provided by law.
15.7.1 The cost of serving a subpoena and all associated costs for the testimony, such as a deposition, shall be borne by the requesting party.
15.8 If a witness is served with a subpoena and fails to provide testimony in obedience to the subpoena, the PLSB may apply to the circuit court of the county in which the PLSB is holding the proceeding for an order causing the arrest of the witness and directing that the witness be brought before the court.
15.8.1 The court will have the power to punish the disobedient witness for contempt as provided by the Arkansas Rules of Civil Procedure.
15.9 A witness who has been served with a subpoena may challenge the validity of the subpoena in the circuit court of the county in which the witness resides or is employed.

Credits

Adopted Aug. 31, 2018. Amended Sept. 12, 2020; June 2, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.28.17-15.0, AR ADC 005.28.17-15.0
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