Section 44.62.430. Subpoenas; witness fees.

   (a) Before the hearing begins the agency shall issue subpoenas and subpoenas duces tecum at the request of a party in accordance with the rules of civil procedure.  After the hearing begins the agency hearing a case or a hearing officer sitting alone may issue subpoenas and subpoenas duces tecum.
   (b) A subpoena issued under (a) of this section extends to all parts of the state and shall be served in accordance with the rules of civil procedure. A witness is not obliged to attend at a place out of the house district in which the witness resides unless the distance is less than 100 miles from the place of residence, except that the agency, upon affidavit of a party showing that the testimony of the witness is material and necessary, may endorse on the subpoena an order requiring the attendance of the witness.
   (c) A witness who is not a party and who appears under a subpoena is entitled to receive
        (1) fees as prescribed for a witness in court actions, unless the witness is an officer or employee of the state or a political subdivision of the state;
        (2) reimbursement of transportation expenses in accordance with standards established by the Department of Administration under AS 39.20.160, for required travel in excess of 30 miles round trip from the witness's residence; and
        (3) reimbursement of food and lodging expenses in accordance with standards established by the Department of Administration under AS 39.20.160 for each day of actual attendance and for each day of reasonable and necessary travel to and from the place of the hearing if the witness attends a hearing or deposition at a point so distant from the residence of the witness that a return to the residence from day to day is not practicable.
   (d) Fees, transportation expenses, and food and lodging expenses shall be paid by the party at whose request the witness is subpoenaed.

Authorities

15.13.045;39.52.380;41.17.139

Notes

References

18 AAC 15.247
3 AAC 08.930
3 AAC 80.140
8 AAC 85.153
AS 15.13.045 Investigations, hearings.
AS 39.52.380 Subpoenas.
AS 41.17.139 Hearing procedures.

History

(Sec. 11 (ch 2) ch 143 SLA 1959; am Sec. 5, 6 ch 63 SLA 1995; am Sec. 96 ch 21 SLA 2000)