1224 SERVICE OF SUBPOENA OR NOTICE OF DEPOSITION
1224.1 A subpoena or notice of deposition may be served by any person who is not a party and is not less than eighteen (18) years of age. Service of a subpoena or notice upon a person named therein shall be made by delivering a copy of the subpoena to the person and, if the person’s attendance is commanded, by tendering to that person the fees for one (1) day’s attendance and the mileage allowed by law. When the subpoena is issued on behalf of the United States or the District of Columbia or an officer or agency thereof, fees and mileage need not be tendered.
1224.2 Witnesses are entitled to a witness fee of forty dollars ($40) per day and the cost of public transportation to the proceeding or a mileage fee calculated at seventeen cents (17¢) per mile.
1224.3 Service of a subpoena or notice of deposition, and fees, to an individual may be made by any of the following means:
(a) Handing the subpoena or notice to the person;
(b) Leaving the subpoena or notice at the person’s District government office with the person in charge of the office;
(c) Leaving the subpoena or notice at the person’s dwelling place or usual place of abode with some person of suitable age and discretion then residing in that dwelling place or abode; or
(d) Mailing the subpoena or notice by registered or certified mail to the person at the person’s last known address.
1224.4 When the person to be served is not an individual, a copy of the subpoena or notice of the deposition and fees shall be delivered by one (1) of the following ways:
(a) Handing the subpoena or notice to a registered agent for service;
(b) Handing the subpoena or notice to any officer, director, or agent in charge of any office of that person; or
(c) Mailing the subpoena or notice by registered or certified mail to the representative at his or her last known address.
1224.5 The individual serving a subpoena shall file with the Board a return of service setting forth the facts establishing proper service.
1224.6 The Board may, upon the failure by any person to obey a subpoena served upon that person, apply to the D.C. Superior Court for an order requiring the person to appear before the Board to give testimony, produce evidence, or both. If a person fails to obey the order without an adequate excuse, the Board may apply for an order that the person be held by the court for contempt.
SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015).