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§ 50754. Subpoenas and Witnesses.


Barclays Official California Code of Regulations Currentness
Title 17. Public Health
Division 2. Health and Welfare Agency - Department of Developmental Services Regulations
Chapter 1. General Provisions
Subchapter 7. Fiscal Audit Appeals
Article 3. Formal Hearing
17 CCR § 50754
§ 50754. Subpoenas and Witnesses.
(a) The hearing officer is authorized to issue subpoenas and subpoenas duces tecum before the formal hearing, for attendance of witnesses or production of documents at the formal hearing, as necessary or at the request of any party. The hearing officer may also issue subpoenas and subpoenas duces tecum after the formal hearing has commenced. Compliance with the provisions of Section 1985, California Code of Civil Procedure shall be a condition precedent to the issuance of a subpoena duces tecum.
(b) The process issued pursuant to subsection (a) above, shall be extended to all parts of the State and shall be served in accordance with the provisions of Sections 1987 and 1988, California Code of Civil Procedure. No witness shall be obligated to attend at a place out of the county in which he/she resides unless the distance be less than 50 miles from his/her place of residence.
(c) Any person receiving a subpoena duces tecum issued by the hearing officer pursuant to this article shall comply within the time stated, by:
(1) Producing the evidence required; or
(2) Filing an affidavit setting forth reasons why such evidence should not be produced.
(d) Where the person receiving the subpoena duces tecum files an affidavit pursuant to Subsection (2) above, the hearing officer shall, based upon a reading of both the affidavit and the petition, either deny the petition and withdraw the subpoena duces tecum, or order the affiant to produce the evidence as required by the subpoena. If a person fails to comply, the hearing officer may refer the matter to the Chief Counsel of the Department for institution of court proceedings pursuant to Government Code Section 11187, to compel production of the evidence; or, in the case of a party, the hearing officer may decide the appeal against the nonresponsive party.
(e) All witnesses appearing pursuant to subpoena, other than the parties or officers or employees of the state or any political subdivision thereof, shall receive fees and all witnesses appearing pursuant to subpoena, except the parties, shall receive mileage reimbursement from the party which requested the subpoena, in the same amount and under the same circumstances as prescribed by law for witnesses in civil actions in a superior court.
(f) Witnesses appearing pursuant to subpoena, except the parties, who attend formal hearings at points so far removed from their residences as to prohibit return thereto from day to day shall be entitled, in addition to fees and mileage, to a per diem compensation of $3.00 for expenses of subsistence for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearing. Fees, mileage and expenses of subsistence shall be paid by the party at whose request the witness is subpoenaed.
Note: Authority cited: Section 11152, Government Code; and Sections 4648.2 and 4780.5, Welfare and Institutions Code. Reference: Sections 4629, 4631, 4648.1 and 4780.5, Welfare and Institutions Code; Sections 1985, 1987, and 1988, Code of Civil Procedure; and Sections 11180, 11181, 11182, 11184, 11185, 11186, 11187, 11188, 11189, 11190, and 11191, Government Code.
1. Renumbering and amendment of former Section 50654 to Section 50754 filed 7-5-88; operative 8-4-88 (Register 88, No. 29).
This database is current through 6/17/22 Register 2022, No. 24
17 CCR § 50754, 17 CA ADC § 50754
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