21 NCAC 22L .0113. SUBPOENAS

(a)  A party in a contested case may request a subpoena.  The request shall:

(1)           be made in writing to the Board;

(2)           include a particularized description of any books, papers, records or objects the recipient shall produce pursuant to the subpoena;

(3)           include the full name and home or business address of the person to be subpoenaed; and

(4)           include the date, time, and place for responding to the subpoena. 

(b)  The Board-designated presiding officer for the contested case shall issue the requested subpoena in duplicate within five days of receipt of the request.  A subpoena shall include: 

(1)           the caption of the case;

(2)           the name and address of the person subpoenaed;

(3)           the date, hour and location to appear;

(4)           a particularized description of any books, papers, records or objects the recipient shall produce pursuant to the subpoena;

(5)           the identity of the party requesting the subpoena;

(6)           the date of issuance of the subpoena;

(7)           the signature of the presiding officer;

(8)           a return of service form; and

(9)           instructions for objecting to the subpoena.

(c)  The party requesting the subpoena shall provide a copy of the issued subpoena to all parties in the contested case at the time the subpoena is served on the recipient.

(d)  A subpoena shall be served in accordance with G.S. 1A‑1, Rule 45.  The person serving the subpoena shall return one copy of the subpoena with a completed return of service form to the Board.

(e)  The completed return of service form shall provide:

(1)           the name and capacity of the person serving the subpoena;

(2)           the date on which service was made;

(3)           the person on whom service was made;

(4)           the manner in which service was made; and

(5)           the signature of the person effectuating service.

(f)  A recipient of a subpoena issued by the Board may file a written objection to the subpoena with the presiding officer.  The recipient shall serve a copy of the objection on the party requesting the subpoena.  The objection may be made on any of the following grounds:

(1)           the subpoena requests evidence not related to a matter at issue;

(2)           the subpoena does not describe with sufficient particularity the evidence to produce;

(3)           the subpoena fails to allow reasonable time for compliance;

(4)           the subpoena requires disclosure of privileged or other protected matter and no exception or waiver applies to the privilege or protection;

(5)           the subpoena subjects a person to an undue burden or expense;

(6)           the subpoena is otherwise unreasonable or oppressive; or

(7)           the subpoena is procedurally defective.

(g)  The party requesting the subpoena, in such time as may be granted by the Board, may file a written response to the objection with the presiding officer, and shall serve the objecting recipient and all parties with a copy of the written response.

(h)  The presiding officer shall issue a written notice to all parties of an open hearing, scheduled as soon as practicable, during which evidence regarding the objection and response may be presented,

(i)  The presiding officer shall issue a written decision based upon the factors required by G.S. 150B-39(c).  A copy of the decision shall be issued to all parties and made a part of the record.

 

History Note:        Authority G.S. 1A-2; 93D‑3; 150B‑38; 150B‑39; 150B-40;

Eff. January 1, 1992;

Amended Eff. December 1, 2013; March 1, 1996.