Section 910IAC1-5-2. Subpoenas

   (a) The commission may issue subpoenas on its own motion or upon request of any party.

  (b) A subpoena issued by the commission may be served by a sheriff, the sheriff's deputy, a party, or any person. Service of a subpoena upon a person named in the subpoena shall be made by delivering a copy thereof to the person named in the subpoena, or an individual acting in a representative capacity for such person, by:

(1) sending a copy of the subpoena by registered or certified mail or other public means by which a written acknowledgement of receipt may be requested and obtained to his or her residence, place of business, or place of employment;

(2) delivering a copy of the subpoena personally;

(3) leaving a copy of the subpoena at his or her dwelling house or usual place of abode; or

(4) serving his or her agent as provided by rule, statute, or valid agreement.

Whenever service is made under subdivision (3) or (4), the person making the service shall also send a copy of the subpoena by first class mail to the last known address of the person being served and this fact shall be shown upon the return.

  (c) Subpoenas issued by the commission shall be signed by an individual commissioner under the seal of the commission and shall state the following:

(1) The name of the commission.

(2) The title of the action without naming more than the first named complainant and respondent.

(3) The docket number.

  (d) A subpoena may command the person named in the subpoena to appear and give testimony at a time and place as specified.

  (e) A subpoena may command the person named in the subpoena to produce books, papers, documents, or tangible things as designated.

  (f) The chair, vice chair, or, if both are unavailable, any commissioner, or, if a presiding officer has been appointed pursuant to this article, the presiding officer, upon a timely motion may:

(1) quash or modify the subpoena if it is unreasonable or oppressive; or

(2) condition denial of the motion to quash upon the advancement by the person on whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things.

  (g) If any person named in a subpoena shall fail to appear before the commission, to answer any question, or to produce any book, record, paper, or other document as commanded by such subpoena, or shall otherwise disobey such subpoena, such contumacy or refusal shall constitute a contempt. The commission may apply for a citation of contempt to the circuit or superior court or judge thereof, in the county in which:

(1) the hearing is held;

(2) the person subpoenaed resides or transacts business; or

(3) the books, records, or documents are kept or are located.

  (h) Nothing in this article shall be construed as making public or requiring the production of records or information made privileged or confidential by law.

  (i) When a subpoena is served by the sheriff or the sheriff's deputy, his or her return shall be proof of service. When served by any other person, service must be shown by affidavit. No fees or costs for the service of a subpoena shall be collected or charged as costs except when service is made by the sheriff or the sheriff's deputy. (Civil Rights Commission; Rule 5, Sec 5.2; filed Mar 29, 1974, 4:16 p.m.: Rules and Regs. 1975, p. 206; filed Feb 7, 2000, 3:15 p.m.: 23 IR 1393; 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)