CalRecycle Tire Hearing Subpoenas cannot be used in CalRecycle Division of Recycling Hearings.
Can I subpoena witnesses to testify at the hearing?
Subpoenas may be issued to require witnesses to attend and testify at CalRecycle tire hearings. Witnesses are entitled to payment for their time and travel. Please see “I have received a subpoena to be a witness in a case. Can I be paid?” below.
I want to receive copies of records held by someone else for my administrative hearing. How do I get them?
You are entitled to request discovery of the information CalRecycle has to prove the charges made against you or enable you mount a defense against them. Please see Representing Yourself in a CalRecycle Tire Hearing for more information.
You may also subpoena records from individuals, businesses, and government agencies to be produced at your hearing. A subpoena duces tecum means “bring with you under penalty of law” and compels the party served to bring records that they have to the hearing and to verify that the documents or records have not been altered. That may be done by declaration or by direct testimony, as you require.
The form on the Internet is not signed. Can I sign it?
Only CalRecycle Hearing Officers or attorneys licensed in California acting on behalf of a party may sign a subpoena. If you are proceeding without an attorney, contact CalRecycle’s Hearing Clerk to obtain a blank subpoena form signed by a Hearing Officer.
Hearing Clerk: TIR
CalRecycle Legal Office
801 K Street, MS 19-03
Sacramento, CA 95814
916-327-0089
Fax: 916-322-8768
HearingClerk.TIR@CalRecycle.ca.gov
What laws should I look at before sending a subpoena or a subpoena duces tecum?
- Code of Civil Procedure sections 1985-1987
- Government Code sections 11450.05-11450.50, 68092.5-68093, and 68096.1-68097.10.
I have received a subpoena to be a witness in a case. Can I be paid?
Yes, according to Government Code Sections 11450.05 and 11450.50, you may request witness fees and mileage actually traveled both ways. You may request payment in advance of the hearing from the party at whose request the subpoena or subpoena duces tecum is issued, which appears in item 1 of the CalRecycle Tire Hearing Subpoena form. See Government Code sections 11450.05, 11450.50, 68092.5-68093, and 68096.1-68097.10.
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Resources
For more information contact: Tire Enforcement, WasteTires@calrecycle.ca.gov