Oregon Statutes 183.440 – Subpoenas in contested cases
(1) An agency may issue subpoenas on its own motion in a contested case. In addition, an agency or hearing officer in a contested case may issue subpoenas upon the request of a party to a contested case upon a showing of general relevance and reasonable scope of the evidence sought. A party entitled to have witnesses on behalf of the party may have subpoenas issued by an attorney of record of the party, subscribed by the signature of the attorney. Witnesses appearing pursuant to subpoena, other than the parties or officers or employees of the agency, shall receive fees and mileage as prescribed by law for witnesses in ORS § 44.415 (2).
Terms Used In Oregon Statutes 183.440
- Agency: means any state board, commission, department, or division thereof, or officer authorized by law to make rules or to issue orders, except those in the legislative and judicial branches. See Oregon Statutes 183.310
- Contested case: means a proceeding before an agency:
(A) In which the individual legal rights, duties or privileges of specific parties are required by statute or Constitution to be determined only after an agency hearing at which such specific parties are entitled to appear and be heard;
(B) Where the agency has discretion to suspend or revoke a right or privilege of a person;
(C) For the suspension, revocation or refusal to renew or issue a license where the licensee or applicant for a license demands such hearing; or
(D) Where the agency by rule or order provides for hearings substantially of the character required by ORS § 183. See Oregon Statutes 183.310
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Hearing officer: includes an administrative law judge. See Oregon Statutes 183.310
- Person: means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than an agency. See Oregon Statutes 183.310
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
(2) If any person fails to comply with any subpoena so issued or any party or witness refuses to testify on any matters on which the party or witness may be lawfully interrogated, the judge of the circuit court of any county, on the application of the hearing officer, the agency or the party requesting the issuance of or issuing the subpoena, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. [1957 c.717 § 8 (2); 1971 c.734 § 12; 1979 c.593 § 20; 1981 c.174 § 4; 1989 c.980 § 10a; 1997 c.837 § 3; 1999 c.849 § 30]