Current through Register No. 50, December 12, 2024
Section Acp 212.02 - Subpoena(a) Subpoena for the attendance of witnesses or the production of evidence in disciplinary proceedings shall be issued only upon the order of the board.(b) A subpoena shall be issued on the initiative of the board or in response to the motion of a party.(c) A party requesting a subpoena shall attach a copy of the proposed subpoena to its motion and if the motion is granted, the requesting party shall be responsible for the service of the subpoena and payment of any witness fee and mileage expenses that might be required.(d) The person to whom the subpoena is directed may, within 10 days after service of the subpoena, or before the date specified by the board in the subpoena for compliance therewith, whichever is earlier, file a motion to quash or modify the subpoena.(e) If the board denies the motion to quash or modify, in whole or in part, the person to whom the subpoena is directed shall comply with the subpoena, within the time prescribed in the subpoena, unless the board expressly provides additional time to comply.(f) A subpoena shall be served by any person who is 18 years of age or older, and in the manner authorized for service of subpoenas in the New Hampshire superior court. The fact of service shall be written on the reverse of the original copy of the subpoena by the person making service and a copy shall be immediately returned to the board by the person making service.(g) Should any person fail to comply with a subpoena issued pursuant to this section, the board shall seek judicial enforcement.N.H. Admin. Code § Acp 212.02
#7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRES: 3-20-12
New. #10157, eff 6/27/2012.