(1)The attendance and testimony of witnesses at the hearing, or the production of documentary or physical evidence under the witnesses’ control or possession, may be compelled by subpoena.
(2)Subpoenas may be issued by the Presiding Administrative Law Judge, the Administrative Law Judge, or the representative of record of the party in whose behalf the witnesses are required to appear. The Hearings Division shall provide subpoenas in blank, upon request, to a party or the party’s representative of record.
(3)Any person present at the hearing may be required to testify to the same extent as if the person had been subpoenaed.
(4)If any person fails to comply with a subpoena, or any party or witness refuses to testify on any matters on which such party or witness may be lawfully questioned, proceedings to compel obedience may be instituted in accordance with ORS 654.130 (Proceedings against unwilling witnesses) or 183.440 (Subpoenas in contested cases).
(5)Witnesses appearing by subpoena shall be paid, by the party who subpoenas them, the same fees and mileage required by law for witnesses in civil actions. Parties and employees of OR-OSHA shall not be paid such witness fees or mileage.
Rule 438-085-0745 — Subpoenas,