Ariz. Admin. Code § 3-11-905

Current through Register Vol. 30, No. 50, December 13, 2024

Section R3-11-905 - Depositions, Issuance of Subpoenas, Service

A. A party desiring to take the deposition of a witness who is unable to attend a hearing before the Board shall submit a request to take a deposition of an unavailable witness to the Board.

1. If the Board grants the request to take a deposition of an unavailable witness, the party may proceed to take the deposition of the witness by complying with the Arizona Rules of Civil Procedure.

2. The Board may, in its discretion, designate the time and place before whom the deposition may be taken.

3. The party requesting the deposition shall bear the expense of the deposition.

B. A subpoena may be issued as follows:

1. If a hearing is to be conducted by the Board, the Board may issue a subpoena for the attendance of a witness or the production of books, records, documents and other evidence according to A.R.S. § 32-2237(F).

a. The Board shall serve a subpoena on each party at least 10 days before the hearing date.

b. A party shall submit a written request for a subpoena with the Board. The party shall submit the request in the time necessary to allow compliance with subsection (B)(1)(a).

c. The party requesting service of a subpoena shall bear the expense of the service of the subpoena.

2. If a hearing is to be conducted by an administrative law judge, a subpoena is issued by the Office of Administrative Hearings according to A.R.S. § 41-1092.02.

C. Service of any decision, order, notice, subpoena, or other process may be made personally in the same manner as provided for service of process in a civil action, or may be mailed by certified mail, postage prepaid, to the last address of record with the Board.

1. Personal service is effective on the date received. Service by certified mail is effective when deposited in the United States mail.

2. Service upon an attorney for a party constitutes service upon the party.

3. Proof of service may be made by the affidavit or oral testimony of the process server.

Ariz. Admin. Code § R3-11-905

New Section adopted by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3).