SECTION .0400 – SUBPOENAS FOR INITIAL APPEALS
04 NCAC 24C .0401 ISSUANCE OF SUBPOENAS
(a) Subpoenas to compel the attendance of witnesses and the production of records for any appeal hearing may be issued at the direction of the designated Appeals Referee.
(1) A subpoena may be issued at the request of a party or on motion of the Appeals Referee.
(2) Any documentation showing service of the subpoena shall become part of the official hearing record.
(3) Any request for a subpoena shall be in writing, sent to the Appeals Referee, and shall include:
(A) the name of the party requesting the subpoena;
(B) the claimant's name;
(C) the docket number of the case;
(D) the name, address, and telephone number of each person sought for appearance at the hearing;
(E) the specific identification of any document, recording, or item sought, including a detailed description of where the item is located;
(F) the name and address of the individual or party in possession of any item sought; and
(G) a statement of why the testimony or evidence to be subpoenaed is necessary for a proper presentation of the case.
(4) The request shall be granted only to the extent that the items or testimony sought appears relevant to the issues on appeal.
(b) Legal representatives may issue subpoenas at their own expense only if prior consent is obtained by the designated Appeals Referee.
(c) Subpoenas shall be issued at least five days before the date of the scheduled hearing.
History Note: Authority G.S. 96-4; 96-15;
Eff. July 1, 2015.