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Title 3 . Commerce, Community, and Economic Development
Chapter 48 . Telecommunications
Section 55. Subpoenas

3 AAC 48.055. Subpoenas

(a) A subpoena duces tecum for the production of books, records, papers, or other documents of any sort will be issued by the commission, at its discretion, upon application. The subpoena will be under the seal of the commission, on a commission form, and will describe the documents ordered to be produced in sufficient detail to permit ready identification.

(b) Applications for the issuance of a subpoena requiring the attendance of a witness for the purpose of taking oral testimony before the commission must be in writing and may be made by letter or wire.

(c) Unless otherwise directed by the commission, a subpoena or subpoena duces tecum will be issued by the commission only upon verified application showing general relevance and reasonable scope of the evidence sought. An application for a subpoena duces tecum must also specify with particularity the books, papers, or documents desired, and the facts expected to be proved by them. However, for good cause shown, the officer presiding at a hearing may issue a subpoena or subpoena duces tecum upon oral request made upon the record.

(d) A subpoena will be under the seal of the commission, will be on a commission form, and will not be issued unless the applicant establishes that the applicant has a proper relationship to the matter and gives the name and address of the desired witness.

(e) Signed and sealed blank subpoenas or subpoenas duces tecum will not be issued to anyone. The name and address of the witness will be inserted in the original subpoena, a copy of which will be filed in the proceeding. A subpoena or a subpoena duces tecum will show at whose request the subpoena is issued.

History: Eff. 6/29/84, Register 90

Authority: AS 42.05.141

AS 42.05.151

AS 42.06.140 (a)

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Last modified 7/05/2006