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§ 1568. Witnesses and Subpoenas.

9 CA ADC § 1568Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 9. Audit Appeals of Community Mental Health Services Under the Short-Doyle Act
Article 4. Formal Appeal Hearing
9 CCR § 1568
§ 1568. Witnesses and Subpoenas.
Currentness
(a) A party shall arrange for his or her witnesses to be present at the hearing.
(b) A subpoena may be issued by a hearing officer on his or her own motion.
(c) A subpoena to compel the attendance of a witness may be issued by a hearing officer upon written request made by a party and a showing of the need therefor.
(d) An application for a subpoena duces tecum ordering a witness to produce books, papers, correspondence, memoranda, or other records shall be made by affidavit to a hearing officer. The application should contain:
(1) the name and address of the person or entity upon whom the subpoena is to be served,
(2) a description of the documents, paper, books, accounts, letters, photographs, objects, or other tangible things which are not privileged and which should be produced,
(3) a showing of the materiality of these items to the issue(s) involved in the proceedings, and
(4) a statement indicating that, to the best of applicant's knowledge, the witness has such items in his or her possession or under his or her control.
(e) Each party shall arrange for the service of all subpoenas issued to him or her. A copy of the affidavit for the subpoena duces tecum shall be served with the subpoena.
(f) With the exception of employees of the Department, witnesses who are subpoenaed for any hearing are entitled to the fees and mileage reimbursements set forth in section 68093 of the Government Code. A written request must be filed with the hearing officer not later than ten (10) calendar days after the date on which the witness appeared at the hearing. If a request is not filed within ten (10) calendar days, no fees or mileage reimbursement shall be allowed.

Credits

Note: Authority cited: Sections 5400 and 5750, Welfare and Institutions Code. Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
This database is current through 6/14/24 Register 2024, No. 24.
Cal. Admin. Code tit. 9, § 1568, 9 CA ADC § 1568
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