§ 197.13a. Subpoenas.
(a) A party may apply in writing to the Hearing Board for subpoenas for the attendance of witnesses or for the production of documents. The application shall identify the names and addresses of the persons to be subpoenaed.
(b) Except by special permission of the Hearing Board, subpoenas may not be issued for the attendance of witnesses or the production of documents which have not been listed in the prehearing memorandum required by § 197.46(b) (relating to prehearing conference).
(c) Service of subpoenas shall be by personal service, unless the person to be subpoenaed agrees to accept service by mail. In making service, a copy of the subpoena shall be left with the person to be served. The original subpoena, accompanied by an affidavit describing the manner in which service was made, shall be filed with the Hearing Board. Where service of the subpoena is by mail, the document evidencing agreement to accept service by mail shall be filed with the Hearing Board.
(d) A motion to quash a subpoena may be filed only by the person subpoenaed. The motion shall specify the reasons why the person subpoenaed should not be compelled to appear and testify. Answers or other responses to motions to quash by other parties to the proceeding will not be entertained.
(e) Persons who are subpoenaed shall be paid the same fees and mileage as are paid for like services in the court of common pleas of the county in which the hearing is held, and the appropriate fee shall be tendered at the time of service of the subpoena.
(f) This section supplements 1 Pa. Code § 35.142 (relating to subpoenas).
Authority The provisions of this § 197.13a issued under section 805(b) of the Health Care Facilities Act (35 P. S. § 448.805(b)).
Source The provisions of this § 197.13a adopted September 4, 1987, effective September 5, 1987, 17 Pa.B. 3609.
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