La. Admin. Code tit. 46 § LIV-389

Current through Register Vol. 50, No. 11, November 20, 2024

Section LIV-389 - Issuance of Subpoenas [Formerly Section 337]

A. The chairman, or an authorized agent of the board, shall issue subpoenas on behalf of the board for disciplinary proceedings and when requested to do so, may issue subpoenas for respondent.

B. Subpoenas include:

1. a subpoena requiring a person to appear and give testimony; and

2. a subpoena duces tecum, which requires that a person produce books, records, correspondence, or other materials over which he has control.

C. A subpoena requested by a respondent shall not be issued unless the respondent deposits with the board sufficient money to pay the fees and expenses to which a witness in a civil proceeding is entitled under R.S. 13:3671. In addition, the board shall set the amount of any additional compensation for a witness subpoenaed to testify as an expert based on the value of the time employed and the degree of skill and learning required to formulate and present an expert opinion, which additional compensation shall be paid in advance by the party requesting the subpoena for the attendance of such witness.

D. A motion to limit or quash a subpoena may be filed with the board, but not less than 72 hours before the hour set for the hearing.

La. Admin. Code tit. 46, § LIV-389

Promulgated by the Department of Health and Human Resources, Board of Physical Therapy Examiners, LR 15:391 (May 1989), LR 19:208 (February 1993), amended by the Physical Therapy Board, LR 37:3061 (October 2011).

AUTHORITY NOTE: Promulgated in accordance with La R.S. 37:2405.B (4) and Act 535 of 2009.