Sec.31-237g-54. Subpoenas

(Statutory reference: 31-245, 31-246, 31-247)

(a) The Chairperson may, at the Chairperson’s own initiative, upon the request of either of the other two Board members, or at the request of a party filed pursuant to this section, issue subpoenas to compel the attendance of witnesses at any hearing before the Board for the purpose of providing testimony or physical evidence, or both, if the Chairperson determines that the issuance of such subpoena is necessary to fairly adjudicate the appeal, provided the Chairperson shall in no event be required to issue a subpoena if the Chairperson determines that the issuance of same would constitute an abuse of process or be otherwise improper. Service of such subpoenas shall be made in accordance with Connecticut law and, unless otherwise arranged with the requesting party, the Board shall take responsibility for service of each subpoena issued by the Chairperson. If a Referee is delegated to conduct a Board hearing, the Referee shall have such subpoena authority with regard to such hearing as is set forth in Section 31- 237g-21 of the Regulations of Connecticut State Agencies.

(b) Any party may request the Chairperson to issue a subpoena to compel the attendance at the hearing of any proposed witness for the purpose of providing testimony or physical evidence, or both. Such a request need not be in writing, but shall be promptly made as far as possible in advance of the scheduled hearing. In the absence of a properly issued subpoena, attendance at a Board hearing by any party or other person is not mandatory and therefore it is the responsibility of each party which intends or desires to examine or cross-examine any other party or person to request the issuance of a subpoena to insure the attendance of such other party or person at the Board’s hearing. The Chairperson may require that the reasons given in oral subpoena requests be subsequently confirmed in writing or sworn affidavit by the party, attorney, or authorized agent who made the request.

Each request shall:

(1) reveal the name of each such witness and the location, or locations, where each witness can be served;

(2) identify and describe all physical evidence requested and indicate why it is believed that the witness in question has control of such material;

(3) explain why each witness and item of physical evidence is necessary to the Board’s adjudication of the appeal; and

(4) indicate why such witness or physical evidence will be unavailable unless the requested subpoena is issued by the Chairperson.

(c) The Chairperson shall promptly decide such subpoena requests and notify the requesting party of the decision. Notice of such decision need not be in writing, but such notification shall be recorded in the appeal file. The Appeals Division may discuss such request with the opposing party or the proposed witness, or both, for purposes of obtaining the attendance of such proposed witness at the hearing by stipulation in lieu of subpoena. The Chairperson may refuse to grant a request for issuance of such a subpoena from a party that is, at the time such request is made, represented by an attorney with independent subpoena authority sufficient to issue such a subpoena. Any party aggrieved by the Chairperson’s decision on a subpoena request may petition for review of such decision, but only as a part of any subsequent petition which addresses the Board’s eventual decision on the appeal by way of either an appeal to Superior Court or a motion to the Board to reopen, vacate, set aside or modify.

(d) If any person refuses to obey a subpoena issued by the Board the Chairperson may request the Attorney General to make application to the Superior Court for an order requiring such person to appear before the Board to provide testimony or the physical evidence in question.

(e) Subject to the approval of the Chairperson, witnesses appearing before the Board pursuant to a subpoena issued by the Chairperson pursuant to this section shall be allowed fees as provided by Connecticut Law in civil actions.

(f) If the Chairperson determines that the fair adjudication of an appeal before the Board requires the issuance of a subpoena in a jurisdiction beyond Connecticut, the Chairperson shall thereupon request the appropriate authorities of said jurisdiction to either issue such subpoena or take such other action as will reasonably resolve the need for same.

(Effective June 23, 1986; Amended October 27, 1997; Amended June 3, 2021)