24.8.758    SUBPOENAS

(1) The hearing officer may issue subpoenas without a request or upon that of a party for the attendance of witnesses or production of evidence. The procedure for service of subpoenas and payment of fees shall conform to the manner provided in civil actions.

(2) The hearing officer may enter appropriate orders, as allowed by law, for the failure of a person subject to the provisions of a subpoena to comply with its terms.

(3) A party seeking to subpoena a state employee, including the Human Rights Bureau investigator, must, as required by 26-2-507 and 26-2-515, MCA, reimburse the department for regular pay and benefits paid to that state employee for time spent answering the subpoena in advance of his or her appearance.

History: 49-2-204, 49-3-106, MCA; IMP, 2-4-104, 2-4-602, 26-2-507, 26-2-515, 49-2-203, 49-2-505, 49-3-315, MCA; NEW, 2008 MAR p. 2636, Eff. 12/25/08.