TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 52

IDAHO ADMINISTRATIVE PROCEDURE ACT

67-5251A.  subpoenas. (1) Upon request by a party in a contested case or on a presiding officer’s own initiative, the presiding officer, on a showing of general relevance and reasonable scope of the evidence sought for use at the hearing, may issue a subpoena for the attendance of a witness and the production of books, records, and other evidence.

(2)  Unless otherwise provided by law or agency rule, a subpoena issued pursuant to this section shall be served in the manner provided by law for the service of a subpoena in a civil action.

(3)  Witness fees shall be paid by the party requesting a subpoena pursuant to this section in the manner provided by law for witness fees in a civil action.

(4)  Any subpoena issued pursuant to this section may be enforced by the district courts of this state within the jurisdiction in which the inquiry is being conducted or within the jurisdiction in which the person to whom the subpoena was issued resides or conducts his business. The court shall have jurisdiction to hear the parties, determine the reasonableness of the subpoena, and set aside, modify, or enforce the subpoena by its order in accordance with the evidence. Any failure to obey such court order may be punished by the court as a contempt of the order.

History:

[67-5251A, added 2025, ch. 52, sec. 1, p. 258.]