12-179-1 Me. Code R. § 09

Current through 2024-51, December 18, 2024
Section 179-1-09 - SUBPOENAS
A. Pursuant to Title 5 MRSA §9060, the Board may issue a subpoena if it first obtains the approval of the Attorney General or of any deputy attorney general. Any party to the proceeding may request that a subpoena be issued.
B. Authorized subpoenas shall be issued in accordance with the following:
1. The form of the subpoena shall adhere, insofar as practicable, to the form used in civil cases before the courts. Witnesses shall be subpoenaed only within the territorial limits and in the same manner as witnesses in civil cases before the courts, unless another territory or manner is provided by law.
2. The subpoena shall show on its face the name and address of the party at whose request it was issued.
3. Any witness subpoenaed may petition the Board to vacate or modify a subpoena in its name. The Board shall give prompt notice to the party who requested issuance of the subpoena. After such investigation as the agency considers appropriate, it may grant the petition in whole or in part upon a finding that the testimony or the evidence whose production is required does not relate with reasonable directness to any matter in question, or that a subpoena for the attendance of a witness or the production of evidence is unreasonable or oppressive or has not been issued a reasonable period in advance of the time when the evidence is requested.
4. Pursuant to Title 5 MRSA §9060(1) (D) failure to comply with a subpoena lawfully issued and not revoked or modified shall be punishable by a fine of not less than $500.00 and not more than $5,000, or by imprisonment not to exceed 30 days, or both.

12-179 C.M.R. ch. 1, § 09