21 NCAC 08C .0122. OBJECTIONS TO SUBPOENAS

(a)  A person who is subject to a subpoena or a party to the contested case may file an objection to the subpoena with the Board within ten days of the issuance of the subpoena.

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

(c)  The person objecting to the subpoena must serve a copy of the objection upon the party who requested the subpoena.  Service must be on or before the date the objection is filed with the Board's office and may be accomplished by the United States Postal Service.

 

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.