| (a) Authority. Pursuant to the Act, §2.09(i), the board has the authority to issue subpoenas to compel the attendance of witnesses and subpoena duces tecum to compel the production of books, records, or documents when requested by a party or on the board's own motion. (b) Request. A party may request at any time during the pendency of a proceeding, including a contested case, that the board issue its subpoena or subpoena duces tecum upon a showing of good cause, the relevancy, and necessity of the testimony or documents, lack of undue inconvenience, imposition, or harassment of the party required to produce the testimony or documents, and the deposit of sums sufficient to insure payment of expenses incident to the subpoenas. (1) The party requesting the subpoena shall be responsible for the payment of any expense incurred in serving the subpoena, as well as reasonable and necessary expenses incurred by the witness who
appears in response to the subpoena. (2) The party requesting a subpoena duces tecum shall describe and recite with great clarity, specificity, and particularity the books, records, and documents to be produced. (c) Ministerial act. When requested by a party to issue a subpoena or subpoena duces tecum the board is performing a ministerial act and shall do so in accordance with law; however, the board shall not be responsible for inadequacies, insufficiencies, or lack of pleading by the requesting parties or the consequences thereof. (d) Service and expenses. A subpoena issued at the request of the board's staff may be served either by a board investigator or by certified mail. The board shall pay reasonable charges for photocopies produced in response to a subpoena requested by the board's staff, but such charges may not exceed those billed by the board for producing copies of its own records.
(e) Fees and travel. A witness called at the request of the board shall be paid a fee of $25 per day and reimbursed for travel in like manner as board employees. An expert witness called at the request of the board shall be paid a fee of $300 per day and reimbursed for travel in like manner as board members.
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