| (a) Upon proper request by a party, the judge shall issue subpoenas
and commissions to take depositions according to the APA. A request for issuance
shall be filed with the chief clerk, and a copy shall be served on the judge
and the parties.
(b) Before seeking issuance of either a subpoena or commission,
the requestor shall attempt to secure voluntary appearance of the witness
or production of materials. If this is not possible, the requestor shall indicate
what circumstances prevent such voluntary appearance or production in the
request.
(c) If the requestor and witness sign an Agreement to Waive
Fee form, subpoenas and commissions may be issued without a witness fee deposit.
Only a non-party witness or deponent is entitled to receive this fee to the
extent provided in §80.21 of this title (relating to Witness Fees).
(d) If the witness fee is not waived, the requestor shall make
the witness fee deposit in the appropriate amount as indicated on the forms
requesting issuance. This amount is based on an estimate of the mileage to
be traveled to and from the hearing or deposition, if over 25 miles, and days
expected to be spent in the hearing or deposition. This deposit should be
made payable to the commission and should be filed with chief clerk and must
be made before issuance of the subpoena or commission.
(e) Upon deposit of all necessary monies and completion of
all forms, the subpoena or commission shall be issued to the requestor to
effect service.
(f) If a subpoena or commission to take deposition is served
on an agency employee, the executive director's legal staff may participate
in defending the deposition.
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