§ 5.50.080. Subpoena.


Latest version.
  • A.

    Before issuance of a determination of conciliation failure:

    1.

    The executive director may issue a subpoena upon his or her own motion or upon written request and good cause shown by a party, whenever necessary to compel the attendance and testimony of witnesses at interviews, conferences, hearings or depositions. Before issuance of a determination of conciliation failure, the executive director may issue a subpoena duces tecum whenever necessary to compel the production of books, records, papers, payroll or personnel records, correspondence, documents or any other evidence relating to any matter under investigation before the commission.

    2.

    Within five days after the service on a person of a subpoena requiring the production of any evidence in his or her possession or under his or her control, that person may file a motion requesting the commission chair to revoke the subpoena. The commission chair shall revoke the subpoena if it finds the evidence required to be produced does not relate to any matter under investigation, or the subpoena does not describe with sufficient particularity the evidence required to be produced.

    B.

    After issuance of a determination of conciliation failure:

    1.

    The hearing panel or hearing examiner may issue a subpoena upon written request and good cause shown by a party, whenever necessary to compel the attendance and testimony of witnesses at interviews, conferences, hearings or depositions, or may issue a subpoena duces tecum whenever necessary to compel the production of books, records, papers, payroll or personnel records, correspondence, documents or any other evidence relating to any matter under investigation before the commission.

    2.

    Within five days after the service on a person of a subpoena requiring the production of any evidence in his or her possession or under his or her control, that person may file a motion requesting the hearing panel or hearing examiner to revoke the subpoena. The hearing panel or hearing examiner shall revoke the subpoena if it finds the evidence required to be produced does not relate to any matter under investigation, or the subpoena does not describe with sufficient particularity the evidence required to be produced.

    C.

    The party requesting the subpoena shall be responsible for serving the subpoena.

    D.

    In the event that a person issued a subpoena does not respond, the executive director or the chair shall proceed with the civil remedy set forth in Anchorage Municipal Code subsection 5.80.010B., or 5.80.030B., by seeking an appropriate order from the court.

    (AR No. 92-223(S); AO No. 2002-163, § 15, 1-7-03)

    Note— Formerly AMCR 5.40.003.