21 NCAC 54 .2311             SUBPOENAS

(a)  Subpoenas requiring the attendance of witnesses, or those to produce documents, evidence, or things will be issued by the member of the Board designated as presiding officer promptly following receipt of a request from a party to the case for such subpoena.

(b)  Subpoenas shall be served (in any manner provided by law) as the officer issuing the subpoena shall direct and as may be appropriate to the circumstances of the case.  Subpoenas shall be issued in duplicate, with a "Return of Service"  form completed and returned to the presiding officer or the Board office.

(c)  Any person receiving a subpoena from the Board may object thereto by filing a written objection to the subpoena with the Board at its office.  Such objection must be filed within five days of receipt of the subpoena or two days prior to the date on which the subpoena provides for testimony to be taken or documents to be produced, whichever shall be sooner.

(d)  Such objection will include a concise, but complete, statement of reasons why the subpoena should be revoked or modified.  These reasons may include lack of relevancy of the evidence sought, lack of particularity in the description of the evidence sought, or any other reason sufficient in law for holding the subpoena invalid, such as that the evidence is privileged, that appearance or production would be so disruptive as to be unreasonable in light of the significance of the evidence sought, or other undue hardships.

(e)  Any such objection to a subpoena must be served on the party who requested the subpoena simultaneously with the filing of the objection with the Board.

(f)  The party who requested the subpoena, in such time as may be granted by the presiding officer, may file a written response to the objection.  The written response shall be served by the requesting party on the objecting witness simultaneously with filing the response with the Board.

(g)  After receipt of the objection and response thereto, if any, the Board or the presiding officer shall issue a notice to the party who requested the subpoena and the party who is challenging it, and may notify all other parties, of an open hearing, to be scheduled as soon as practicable, at which time evidence and testimony may be presented, limited to the narrow questions raised by the objection and response, if any.

(h)  Promptly after the close of such hearing, the Board will rule on the challenge and issue a written decision.  A copy of the decision will be issued to all parties and made a part of the record.

(i)  Subpoenas shall contain: the caption of the case; the name and address of the person subpoenaed; the date, hour and location of the hearing in which the witness is commanded to appear; a particularized description of the books, papers, records or objects the witness is directed to bring with him to the hearing, if any; the identity of the party on whose application the subpoena issued; the date of issue; the manuscript signature of the presiding officer; and a "Return of Service."  The "Return of Service" form, as filled out, shows the name and capacity of the person serving the subpoena, the date on which the subpoena was delivered to the person directed to make service, the date on which service was made, the person on whom service was made, the location and manner in which service was made, and the manuscript signature of the person making service.

 

History Note:        Authority G.S. 90‑270.9; 150B‑39(c);

Eff. August 1, 1984;

Amended Eff. March 1, 1989; January 1, 1986.