OAR 438-007-0020
Subpoenas; Witness Fees
(1)
Whenever a party has requested a hearing, a subpoena may be issued to compel:(a)
Attendance and testimony at a hearing; or(2)
Subpoenas may be issued by an Administrative Law Judge or the attorney of record of a party. Upon request, the Hearings Division shall provide blank subpoenas.(3)
Subpoenas issued on behalf of a party may be served by the party or the party’s representative. Service may be made in person or by certified mail or other mail that provides for a receipt signed by the recipient.(4)
Subpoenas shall be served far enough in advance of an appearance to allow the witness or party a reasonable time to comply with the subpoena or to file an objection.(5)
Witness fees and mileage shall be provided at the time the subpoena is served, in the amount provided for in civil actions.(6)
“Individually identifiable health information,” as defined in ORCP 55(H)(1)(a), may be obtained through a subpoena under the following procedures:(a)
At the time a subpoena for individually identifiable health information is issued, the party issuing the subpoena must serve a copy of the subpoena to the party or the attorney for the party whose individually identifiable health information is being subpoenaed. Such service shall be as provided in section (3) above.(b)
The subpoena shall provide notice to the person or the person’s attorney, if represented, whose individually identifiable health information is being subpoenaed of the extent of the information being sought, and shall describe the procedure for submitting a timely objection to the disclosure of such information. The subpoena shall include the following in prominent or boldface type:(c)
The subpoena must also contain the following certification: “I certify that I mailed a copy of this subpoena to [the person or the person’s attorney, if represented] at [address] on [date] by certified mail return receipt requested.”(d)
“File,” as used in this section, has the same meaning as OAR 438-005-0046 (Filing and Service of Documents; Correspondence).(e)
If the person whose individually identifiable health information is being subpoenaed does not timely object or waives any objection, the recipient of the subpoena shall comply with the subpoena.(f)
If the recipient of the subpoena receives a timely objection from the party whose individually identifiable health information is being subpoenaed, the recipient shall comply with the subpoena by mailing the information sought to the Workers’ Compensation Board, at 2601 25TH STREET SE, SUITE 150, SALEM OREGON 97302-1280.(g)
If the person whose individually identifiable health information is being subpoenaed timely objects, an expedited pre-hearing conference will be conducted under the provisions of ORS 656.283 (Hearing rights and procedure).(h)
A party who receives information under this section is required to disclose that information under OAR 438-007-0015 (Entitlement to Claims Information — Disclosure Requirements).
Source:
Rule 438-007-0020 — Subpoenas; Witness Fees, https://secure.sos.state.or.us/oard/view.action?ruleNumber=438-007-0020.