Section 910IAC2-7-6. Subpoenas

   (a) This section governs the issuance of subpoenas in administrative proceedings under this rule. Except for time periods stated in this article, to the extent that this section conflicts with procedures for the issuance of subpoenas in civil action in the Indiana state courts where the discriminatory housing practice took place, the Indiana Rules of Trial Procedure apply.

  (b) Upon the written request of a party, the ICRC may issue a subpoena requiring the following:

(1) The attendance of a witness for the purpose of giving testimony at a deposition.

(2) The attendance of a witness for the purpose of giving testimony at a hearing.

(3) The production of relevant books, papers, documents, or tangible items.

  (c) A request for a subpoena in aid of discovery must be submitted in time to permit the conclusion of discovery fifteen (15) days before the date scheduled for the hearing. If a request for a subpoena of a witness for testimony at a hearing is submitted three (3) days or less before the hearing, the subpoena shall be issued at the discretion of the administrative law judge.

  (d) A subpoena may be served by any person who is not a party and is not less than eighteen (18) years of age. Service on a person shall be made by delivering a copy of the subpoena to the person and by tendering witness fees and mileage to that person, if required.

  (e) A witness summoned by a subpoena issued under this section is entitled to the same witness and mileage fees as a witness in proceedings in Indiana state courts. Fees payable to a witness summoned by a subpoena shall be paid by the party requesting the issuance of the subpoena, or, where the administrative law judge determines that a party is unable to pay the fees, the fees shall be paid by the ICRC.

  (f) Upon a motion by the person served with a subpoena or by a party, made promptly after service of the subpoena (but in any event not less than the time specified in the subpoena for compliance), the administrative law judge may do either of the following:

(1) Quash or modify the subpoena if it is unreasonable and oppressive or for other good cause shown.

(2) Condition denial of the motion upon the advancement, by the party on whose behalf the subpoena was issued, of the reasonable cost of producing subpoenaed books, papers, or documents. Where the circumstances require, the administrative law judge may act upon such a motion at any time after a copy of the motion has been served upon the party on whose behalf the subpoena was issued.

  (g) If a person fails to comply with a subpoena issued under this section, the party requesting the subpoena may enforce the matter in an appropriate proceeding under of [sic.] IC 4-21.5-6. (Civil Rights Commission; 910 IAC 2-7-6; filed Aug 20, 1993, 5:00 p.m.: 17 IR 33; readopted filed Oct 25, 2001, 2:15 p.m.: 25 IR 942; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFA)