§ 42.49. Service of subpoena.

 (a)  A subpoena may be served by any adult member of the staff not a party to the proceeding, or by another adult, not a party to the proceeding, who is so authorized by the issuer of the subpoena.

 (b)  A subpoena will be served by exhibiting the original subpoena and handing a copy of the subpoena to one of the following:

   (1)  To the person designated for service.

   (2)  At the residence of the person designated for service, to an adult member of the family with which the designated person resides; but if no adult member of the family is found then to an adult in charge of the residence.

   (3)  At any office or usual place of business of the person designated for service, to the designated person’s agent or the person for the time being in charge thereof.

 (c)  The return of service of a subpoena issued shall include:

   (1)  The time, place and manner of service.

   (2)  The signature of the person serving the subpoena.

 (d)  The original subpoena, bearing or accompanied by the authorized return, shall be returned to the Commission.

 (e)  Subsections (a)—(d) supersede 1 Pa. Code §  35.142(b) (relating to subpoenas).

Source

   The provisions of this §  42.49 adopted August 13, 1976, effective August 14, 1976, 6 Pa.B. 1887; amended April 19, 1991, effective April 20, 1991, 21 Pa.B. 1909. Immediately preceding text appears at serial pages (30112) and (84183).

Cross References

   This section cited in 16 Pa. Code §  42.103 (relating to subpoena for a hearing upon the merits).

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