Subpoenas in administrative adjudications

  1. Law
  2. Arkansas Code
  3. State Government
  4. Department of Human Services
  5. General Provisions
  6. Subpoenas in administrative adjudications

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  1. (a)

    1. (1)

      1. (A) In every case of adjudication before the Department of Human Services, an administrative law judge shall have the power to issue subpoenas for the attendance of witnesses, the production of documents, or both, upon request of any party to the adjudication.

      2. (B) Requests for a subpoena shall be granted by the administrative law judge if the testimony or documents desired are considered necessary and material without being unduly repetitious of other available evidence.

    2. (2) Each subpoena shall:

      1. (A) State that the subpoena is issued in a proceeding pending before the department;

      2. (B) Contain the title of the administrative adjudication; and

      3. (C) Command each person to whom it is directed to appear and give testimony at the time and place therein specified.

    3. (3) Subpoenas may require the production of documents including:

      1. (A) Writings;

      2. (B) Drawings;

      3. (C) Graphs;

      4. (D) Charts;

      5. (E) Photographs;

      6. (F) Recordings; and

      7. (G) Other data compilations from which information can be obtained.

    4. (4) The party who requested a subpoena shall be responsible for serving the subpoena in the manner provided by law.

    5. (5) Return of service shall be recorded, and the record shall be retained in the adjudication case file.

    6. (6)

      1. (A) The Pulaski County Circuit Court or the circuit court of the county of residence of any person duly served with a subpoena issued under this section may enforce the subpoena.

      2. (B) Enforcement shall be in the manner provided by law for the enforcement of subpoenas issued by a circuit court.

  2. (b) Upon motion and a showing of good cause, the presiding official may issue orders quashing or limiting subpoenas based on a determination that:

    1. (1) The person subpoenaed does not have relevant, admissible evidence;

    2. (2) The information or records sought are irrelevant to the adjudication;

    3. (3) The information or records sought are confidential and not subject to disclosure or to production under federal laws or regulations or state law;

    4. (4) Compliance with the subpoena would result in undue burden or expense; or

    5. (5) The evidence possessed by the person subpoenaed or the information or record sought is unduly repetitious of other available evidence.

  3. (c) If any child served with a subpoena to be a witness in an administrative hearing is a party to an open dependency-neglect or family-in-need-of-services case, the child's attorney ad litem shall be provided a copy of the subpoena.


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