Section 560IAC2-6-6. Subpoenas

   (a) Issuance of subpoena. A party may file a written application for the issuance of a subpoena. The party must cross-serve such request on all other parties to the action. Any hearing examiner, hearing officer, agent, or member of the board may issue subpoenas. The party requesting the subpoena shall be responsible for service and proof of service in accordance with the Trial Rules of the Indiana Rules of Procedure.

  (b) Revocation of subpoena. Any person who is served with a subpoena and does not intend to comply with the subpoena shall within five (5) days after the date of service of the subpoena upon him, petition in writing to revoke the subpoena. Any petition to revoke a subpoena shall be served upon the party at whose request the subpoena was issued. The hearing examiner, hearing officer, the board or its agent, or chairman shall revoke the subpoena if in his opinion:

(1) the evidence sought whose production is required does not relate to any matter under investigation or in question in the proceedings; or

(2) the subpoena does not describe with sufficient particularity the evidence sought; or

(3) if for any other reason sufficient in law the subpoena is otherwise invalid.

(Indiana Education Employment Relations Board; 560 IAC 2-6-6; filed Oct 6, 1988, 11:15 a.m.: 12 IR 317; readopted filed Sep 12, 2001, 10:55 a.m.: 25 IR 529; readopted filed Nov 30, 2007, 11:19 a.m.: 20071226-IR-560070368RFA; readopted filed Sep 10, 2013, 10:25 a.m.: 20131009-IR-560130214RFA)