19-7-5 Subpoenas. (a) Issuance. Subpoe-
nas for the attendance of witnesses or for the pro-
duction of evidence, unless directed by the com-
mission upon its own motion, will issue only upon
application in writing to the commission or the
presiding member, except that during a hearing,
such application may be made orally on the rec-
ord. Such applications shall specify as nearly as
may be the general scope of the testimony or ev-
idence sought, including as to evidence, specifi-
cation as nearly as may be, of the documents de-
sired. The presiding member shall sign subpoenas
issued pursuant to this section or when convenient
or necessary may direct the executive director to
sign subpoenas on the presiding member's behalf.
(b) Service and return. If service of subpoena
is made by a sheriff or like officer or his deputy,
such service shall be evidenced by his return
thereof. If made by another person, such person
shall make affidavit thereof, describing the man-
ner in which service was made, and shall return
such affidavit. In case of failure to make service,
the reasons for the failure shall be stated on the
original subpoena. In making service, a copy of the
subpoena shall be exhibited to and left with the
person to be served, or to a person of suitable age
and discretion residing in that person's dwelling,
house, or usual place of abode, or to an agent au-
thorized by appointment or by law to receive serv-
ice of process for the person to be served. The
original subpoena, bearing or accompanied by the
authorized return, affidavit or statement, shall be
returned forthwith to the office of the commission
or, if so directed on the subpoena, to the presiding
member before whom the person named in the
subpoena is required to appear. (Authorized by
K.S.A. 1976 Supp. 25-4119a, 46-253; effective, E-
76-52, Oct. 24, 1975; effective, E-77-20, May 1,
1976; effective Feb. 15, 1977.)