2020 District of Columbia Code
Title 32 - Labor
Chapter 10A - Building Service Employees Minimum Work Week
§ 32–1051.13. Subpoenas; noncompliance

(a) Any party may request that a subpoena be issued by the administrative law judge.

(b) Witnesses summoned by subpoena shall be entitled to the same witness and mileage fees as are witnesses in proceedings in the Superior Court of the District of Columbia; provided, that fees payable to a witness summoned by subpoena issued at the request of a party shall be paid by that party.

(c) Within 10 days after service of a subpoena upon a person, the person may petition the administrative law judge to quash or modify the subpoena, which the administrative law judge shall grant, if the judge finds that:

(1) The subpoena requires appearance or attendance at an unreasonable time or place;

(2) The subpoena requires production of evidence that does not relate to the matter at issue;

(3) The subpoena does not describe with sufficient particularity the evidence to be produced;

(4) Compliance with the subpoena would be unduly onerous; or

(5) The subpoena fails for other good reason.

(d) In the case of a refusal to obey a subpoena, the administrative law judge or any party may seek enforcement of a subpoena issued under the authority of this chapter by filing a petition for enforcement in a court of competent jurisdiction. In the enforcement proceeding, the court may award to the prevailing party all or part of the costs and attorney's fees incurred in obtaining the enforcement order.

(e) A person who fails or neglects to attend a proceeding to which the person was duly called to testify or refuses to answer any lawful inquiry or demand to produce records, documents, or other evidence, without good cause, may be fined by a court of competent jurisdiction not more than the amount set forth in § 22-3571.01 ("Criminal Fine Proportionality Act") or imprisoned not more than 60 days, or both.

(f) A person who makes or causes to be made a false entry or false statement of fact in any report, account, record, or other document submitted to an administrative law judge pursuant to a subpoena or other order or who willfully mutilates, alters, or by any other means falsifies any documentary evidence may be fined by a court of competent jurisdiction not more than the amount set forth in the Criminal Fine Proportionality Act or imprisoned not more than 60 days, or both.

(Oct. 8, 2016, D.C. Law 21-157, § 14, 63 DCR 10739.)

Section 7016 of D.C. Law 22-33 repealed § 18 of D.C. Law 21-157. Therefore the changes made to this section by D.C. Law 21-157 have been implemented.

Applicability of D.C. Law 21-157: § 18 of D.C. Law 21-157 provided that the creation of this section by § 14 of D.C. Law 21-157 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

For temporary (90 days) repeal of § 18 of D.C. Law 21-157, see § 7016 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 18 of D.C. Law 21-157, see § 7016 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).