Section 140.10. Subpoenas; issuance and service; modification.

 

(1)  Only the department, an administrative law judge or a party's attorney of record may issue a subpoena to compel the attendance of any witness or the production of any books, papers, documents or other tangible things. A party who desires that the department issue a subpoena shall make the request known to the hearing office as soon as possible. Subpoenas issued by the department or an administrative law judge shall be issued on department forms and may not be issued blank.

(2)  Subpoenas shall only be issued when necessary to ensure fair adjudication of the issue or issues of the hearing. The department or administrative law judge may refuse to issue any subpoena if any of the following occur:

(a) The evidence sought is not relevant or material.

(b) The evidence sought is hearsay.

(c) The evidence sought is unduly cumulative or repetitive of other evidence to be presented by the party.

(d) The evidence requested discloses business secrets.

(3)  A party whose request for a subpoena has been denied may at the hearing request the administrative law judge who conducts the hearing to issue the subpoena. If the administrative law judge grants the request for a subpoena, the judge may adjourn the hearing to allow sufficient time for service of and compliance with the subpoena.

(4)  The administrative law judge scheduled to conduct a hearing for which a subpoena has been issued may quash or modify the subpoena if the administrative law judge determines that the witness or tangible things subpoenaed are not necessary to a fair adjudication of the issues of the hearing or that the subpoena has not been served in the proper manner.

(5)  The party at whose request a subpoena is issued shall serve the subpoena as provided under ch. 885 and s. 805.07 (5) , Stats., and pay the witness fees and travel expenses specified under s. DWD 140.20 to the subpoenaed witness at or before the time of service. An attorney issuing a subpoena shall comply with the requirements of s. 108.14 (2m) , Stats.

(6)  The department may subpoena a witness for a party if the party is unable to prepay the witness fees and travel expenses. The department shall pay a witness as provided under s. DWD 140.20 .

(7)  If any witness fails to comply with a subpoena issued under this section, the department may petition a judge or court commissioner for a writ of attachment under s. 885.12 , Stats.

Cr. Register, November, 1985, No. 359 , eff. 12-1-85; am. (1), renum. (6) to be (7), cr. (6), Register, November, 1988, No. 395 , eff. 12-1-88; renum. from ILHR 140.09 and am., Register, June, 1997, No. 498 , eff. 7-1-97.