04 NCAC 16A .0409. OBJECTION TO A SUBPOENA

(a)  Form of Objection.  Except as may be otherwise stated in a particular subpoena, a party or person receiving a subpoena from the Division may object thereto by filing a written objection to the subpoena with the Division at its mailing address.  An objection to a subpoena must include a concise but complete statement of reasons why the subpoena should be revoked or modified.  These reasons shall include any reason in law for holding the subpoena invalid.

(b)  Service of Objection.  The objection shall be served upon the Commissioner of Banks and the party who requested the subpoena.  Service shall be in accordance with the North Carolina Rules of Civil Procedure.

(c)  Response to Objection.  The party requesting the subpoena shall file a written response to the objection.  The response shall be served in like manner as the objection.

(d)  Hearing on Subpoena.  After receipt of the objection and response thereto, the hearing officer shall issue a notice to the party who requested the subpoena and the party challenging the subpoena, and shall notify all other parties of a hearing, to be scheduled as soon as practicable, at which time evidence and testimony regarding the objection and response shall be presented.

 

History Note:        Authority G.S. 53-93; 150B-38; 150B-39;

Eff. July 1, 1990;

Amended Eff. December 1, 2011.