21 NCAC 08C .0124         HEARINGS ON SUBPOENA CHALLENGES

(a)  After receipt of an objection to a subpoena, the Board shall schedule a public hearing on the objection within a reasonable time and shall issue a notice of hearing to the person requesting the subpoena and to the person objecting to it.  The Board may also give notice to all other parties to the contested case.

(b)  The hearing on objections to a subpoena shall be limited to the issues properly raised by the objection and any response, and all parties to the contested case may present evidence at the hearing relevant to those issues.

(c)  Promptly after the close of a hearing, the Board shall rule on the objection to the subpoena and shall issue a written decision.  The copy of the decision will be issued to all parties to the hearing and will be made a part of the permanent record of the contested case.

History Note:        Authority G.S. 93-12; 150B-39;

Eff. May 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 28, 2014.