13 NCAC 10 .0406. SUBPOENAS ISSUED: MODIFY SUBPOENAS: INSPECT AND COPY DATA

(a)  Any member of the board or the hearing examiner shall, on the application of any party directed to the board, forthwith issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence, including relevant books, correspondence, or documents, in his possession or under his control.  Applications for subpoenas may be ex parte. The subpoena shall show on its face the name and address of the party at whose request the subpoena was issued.

(b)  Any person served with a subpoena, whether ad testificandum or duces tecum shall, within five days after the date of service of the subpoena upon him, move in writing to revoke or modify the subpoena if he does not intend to comply.  All motions to revoke or modify shall be served on the party of whose request the subpoena was issued.  The hearing examiner or the board, shall revoke or modify the subpoena if in its or his opinion the evidence whose production is required does not relate to any matters under investigation or in question in the proceedings or the subpoena does not describe with sufficient particularity the evidence whose production is required, or if for any other reason sufficient in law the subpoena is otherwise invalid.  The board or hearing examiner shall make a simple statement of procedural or other grounds for the ruling on the motion to revoke or modify.  The motion to revoke or modify, any answer filed thereto, and any ruling thereon shall become a part of the record.

(c)  Persons compelled to submit data or evidence at a public proceeding are entitled to retain, or on payment of lawfully prescribed costs, to procure copies of transcripts of the data or evidence submitted by them.

(d)  Upon the failure of any person to comply with a subpoena issued upon the request of a party, the board may initiate proceedings in the appropriate court for the enforcement thereof, if in its judgment the enforcement of such subpoenas would be consistent with law and with policies of the act.  Neither the board nor its counsel shall be deemed thereby to have assumed responsibility for the effective prosecution of the same before the court.

 

History Note:        Authority G.S. 95‑135;

Eff. March 15, 1978.