(a) Who May Request. The individual or his approved attorney may request a subpoena be issued to require the attendance of witnesses or the production of documents at return hearings or rescission hearings held in accordance with the Narcotic Addict Evaluation Authority's regulations concerning such hearings. Subpoenas may also be requested by Parole and Community Services Division staff or by the Narcotic Addict Evaluation Authority members or by the hearing representatives. Requests shall be made to the Civil Addict Legal Processing Unit at least ten (10) working days prior to the scheduled hearing.

(b) Subpoena Duces Tecum. A declaration in support of a subpoena duces tecum shall accompany the request for a subpoena duces tecum. The declaration must show good cause for production of documentary evidence and specify precisely the documentary evidence to be produced, the relevance and materiality of that evidence to the hearing and that the requested witness has possession or control of the documentary evidence.

(c) Criteria for Issuance. The guiding principle in determining whether to issue a subpoena or subpoena duces tecum is the necessity of witness testimony or documentary evidence to the proceedings. To be necessary, witness testimony and documentary evidence must be relevant, material and non-cumulative to the individual's case. Factors to be considered include (1) whether the person is an adverse or friendly witness, (2) relevance and materiality of the testimony or documents to the issues to be decided, (3) availability of the witness and/or documents, (4) the witness' willingness to appear without a subpoena, (5) whether the individual or the individual's attorney has made reasonable efforts to produce a material friendly witness, (6) whether the witness resides more than 50 miles outside the county where the hearing will be held. Requests for subpoenas shall be screened by the Civil Addict Legal Processing Unit staff and a request for subpoena may be denied for any witness whose testimony is clearly irrelevant or cumulative.

(d) Adverse Witnesses. Requests for subpoenas for adverse witnesses shall ordinarily be granted even though the testimony may be cumulative, such as when several persons witnessed the incident. Fearfulness of an adverse witness shall be considered and may justify denial of a request for a subpoena.

(e) Friendly Witnesses. Normally only adverse witnesses shall be subpoenaed. The testimony of character witnesses and of other witnesses whose testimony is of a general nature may be presented by means of written statements, letters or affidavits. Subpoenas may be issued for friendly witnesses who can provide relevant and material evidence on behalf of the individual but who refuse to appear at the request of the individual or the individual's attorney. The individual or the individual's attorney may be asked to provide a written statement which summarizes the expected testimony and states how the testimony would be relevant, material and noncumulative.

(f) Documentary Evidence. Subpoenas duces tecum may be issued for documentary evidence under the control of someone other than the individual, the individual's attorney, Parole and Community Services Division or the Narcotic Addict Evaluation Authority. A declaration in support of subpoena duces tecum shall accompany the request for a subpoena duces tecum.

(g) At the Time of the Hearing. After the return or rescission hearing has commenced, the panel may request such subpoenas or subpoenas duces tecum as they deem necessary. The hearing shall be continued and rescheduled for a later date.

(h) Denial. Denial of a request for a subpoena or a subpoena duces tecum shall be documented and a copy of the decision given to the individual or the individual's attorney prior to the hearing.