Section 1.190  Subpoena - Fees and Mileage of Witnesses

a)         Upon written request by a party to a contested case the Commission will issue a subpoena for attendance of a witness or production of books, papers, documents, or other tangible things at a hearing or deposition.

b)         Subpoena forms may be obtained by applying to the Executive Director at the Commission's Springfield office.

c)         Witness and Mileage Fees - The cost of service and witness and mileage fees shall be borne by the person requesting the subpoena.  Witness and mileage fees shall be the same as are paid witnesses in the circuit courts of the State of Illinois.

d)         Service and Contents - The person requesting a subpoena shall be responsible for its service.  A subpoena shall be served reasonably in advance of its return date.  The subpoena shall state the number and address of the person initiating its issuance, and shall identify the person or evidence subpoenaed and the person to whom and the place, date, and the time at which it is returnable.

e)         Petition to Quash or Modify - Within five (5) days after service of a subpoena on any person, such person may file a petition to quash or modify said subpoena, stating reasons in support of such relief.  A copy of the petition shall be served at the same time on the person serving the subpoena. Whenever a petition to quash a subpoena is properly filed under this Section the petitioner shall not be required to respond to such subpoena until the petition has been ruled upon.

f)          Any witness subpoenaed for a deposition may be required to attend only in the county in which he or she resides or maintains an office address, or in any other place ordered by the Administrative Law Judge.

g)         Enforcement - Whenever any person shall knowingly fail or refuse to comply with a subpoena served in accordance herewith, the party serving the subpoena or the Commission shall petition the appropriate circuit court pursuant to the Personnel Code for an order enforcing said subpoena.

(Source:  Amended at 19 Ill. Reg. 12451, effective August 21, 1995)