OAR 839-002-0050
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Method of Service

(1)

Except as noted in subsections (2) and (3) of this rule, subpoenas must be served in person by delivering a copy to the witness personally and, at the same time, giving or offering to the witness the fees to which the person is entitled for travel to and from the place where the witness is commanded to appear, along with one day’s attendance fee. A subpoena may be served by any person 18 years of age or older.

(2)

Subpoenas ad testificandum may be served by mail under the following circumstances:

(a)

The Division must have, by personal or telephone contact, confirmed the witness’s willingness to appear if subpoenaed and certify this on the return of service;

(b)

The Division made arrangements for payment to the witness of fees and mileage satisfactory to the witness and pays those fees and mileage; and

(c)

The subpoena is sent by certified mail to the witness more than 10 days before the date set for appearance or production of documents or other things and the Division receives a return receipt signed by the witness more than three days prior to that date.

(3)

A subpoena duces tecum that commands production of documents or other things but is not accompanied by a subpoena ad testificandum may be served by mailing the subpoena to the person required to produce and permit inspection of the documents or things by first class mail and by certified or registered mail, return receipt requested.

(4)

A subpoena duces tecum issued to a corporation will be served in accordance with requirements for service of summons on a corporation pursuant to ORCP 7 D(3)(b).

Source: Rule 839-002-0050 — Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Method of Service, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-002-0050.

839‑002‑0001
Rulemaking: Purpose of Rules 839‑002‑0002
Rulemaking: Proposed Rule Notice 839‑002‑0005
Model Rules of Procedure 839‑002‑0015
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Authority 839‑002‑0020
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Definitions 839‑002‑0025
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Who and What May Be Subpoenaed 839‑002‑0030
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Circumstances under Which a Subpoena May be Issued 839‑002‑0035
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Who May Issue Subpoenas 839‑002‑0040
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Subpoena Duces Tecum 839‑002‑0045
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Subpoena Ad Testificandum 839‑002‑0050
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Method of Service 839‑002‑0055
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Fees 839‑002‑0060
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Time 839‑002‑0065
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Response to Objections 839‑002‑0070
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Method of Taking Testimony 839‑002‑0075
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Failure to Appear 839‑002‑0080
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Enforcement of Subpoena
Last Updated

Jun. 8, 2021

Rule 839-002-0050’s source at or​.us