§ 540-2.816. Subpoenas.

(a)

Affidavit. Upon the filing of an affidavit or a declaration under penalty of perjury showing good cause by any party, the hearing officer may, at the hearing officer's discretion, issue a subpoena requiring a person or entity to attend at a particular time and place to testify as a witness and/or to produce records, documents or things. Subpoenas shall be issued and attested to by the hearing officer in the name of the county. The affidavit or declaration shall specify the exact matters or things desired to be produced, setting forth in full detail the materiality thereof to the issues involved in the proceeding, and stating that the witness has the desired matters or things in the witness' possession or under the witness' control, and a copy of such affidavit shall be served with the subpoena. Subpoenas shall designate the business records, documents, and tangible things to be produced either by specifically describing each individual item or by reasonably particularizing each category of item.

(b)

Service of Subpoenas. Any subpoena requiring that a witness personally appear to give testimony at a petition hearing shall be served in person at least five calendar days before the witness' attendance is commanded. Any subpoena duces tecum requiring production of business documents only may be served by first class mail, and must be served at least twenty calendar days before the date set forth on the face of the subpoena. Upon good cause being shown, such time limits may be shortened as is reasonable and necessary. Any subpoena or subpoena duces tecum issued pursuant to the provisions of this section shall be deemed issued by and in the name of the county.

(c)

Payment of Costs for Subpoenas Duces Tecum. All reasonable costs incurred by any witness not a party to the hearing pursuant to a subpoena duces tecum may be charged against the party serving the subpoena duces tecum. "Reasonable cost," as used in this section shall include, but not be limited to, the following specific costs: ten cents per page for standard reproduction of documents of a size eight and one-half by fourteen inches or less; twenty cents per page for copying of documents from microfilm; actual costs for the reproduction of oversize documents requiring special processing; reasonable clerical costs incurred in locating and making the records available to be billed at the maximum rate of sixteen dollars per hour per person, computed on the basis of four dollars per quarter hour or fraction thereof; actual postage charges; and actual costs, if any, charged to the witness by a third person for the retrieval and return of records held by that third person. The requesting party shall not be required to pay those costs or any estimate thereof prior to the time the records are available for delivery pursuant to the subpoena, but the witness may demand payment of costs pursuant to this section simultaneously with actual delivery of the subpoenaed records, and until such time as payment is made, is under no obligation to deliver the records. If a subpoena is served to compel the production of business records and is subsequently withdrawn or modified, the witness shall be entitled to reimbursement for all costs incurred in compliance with the subpoena to the time that the requesting party has notified the witness that the subpoena has been withdrawn or modified. Where the records are delivered to the attorney or the attorney's representative for inspection or photocopying at the witness' place of business, the fee for complying with the subpoena shall not exceed fifteen dollars, plus actual costs, if any, charged to the witness by a third person for the retrieval and return of records held off-site by a third person. If the records are retrieved from microfilm the reasonable cost, as defined above, shall also apply.

(d)

Payment of Costs for Subpoenas Requiring Personal Attendance. When the personal attendance of the custodian of a record or other qualified witness not a party to the hearing is required, said witness shall be entitled to witness fees for each day's actual attendance in the amount of thirty-five dollars a day plus twenty cents per mile actually traveled, both ways, or such other fee as provided by statute for the attendance of that witness in courts of the state of California. The fee for one day's attendance and mileage must be delivered to the witness at the same time the subpoena is served upon said witness, if demanded by him or her.

(e)

Exclusive Means of Discovery. Other than the subpoenas described in subdivision (a) above, there shall be no additional discovery in proceedings before the hearing officer.

(Ord. 95-31, § 2).