1. The board shall issue subpoenas and subpoenas duces tecum, either at its own instance or  upon written application of any party made not less than 10 days prior to the hearing.  The 10 days provision may be waived at the discretion of the Board. 
2. The claimant may file an application for the issuance of a subpoena and the Board may issue the same upon the showing of a necessity that the evidence sought constitutes an element of the claim.  The claimant's application for subpoena shall be in writing, designating the names and addresses of witnesses and the locations of documents, books, payrolls, personnel records, correspondence, papers or any other evidence necessary to the claim being heard. 
3. Where a subpoena is issued pursuant to (b) above or at the instance of the Board or any other member thereof, service and witness mileage fees shall be borne by the Board. The mileage fee shall be the prevailing rate on the date of the appearance as established by the State Department of Treasury. 
4. The Board, at its own instance or on application in writing of  the claimant, shall take or cause to be taken affidavits or depositions of witnesses residing within or without the State, whenever it deems such procedures necessary.  The Board may set appropriate terms and conditions pertaining to the taking of affidavits or depositions.  The requesting party shall bear the expense.  However, where the Board enters an Order of Payment, the Board may consider said expenses as a reasonable expense incurred for reimbursement purposes.

 

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