Current through Register No. 50, December 12, 2024
Section Cla 208.02 - Vacation or Modification of Subpoena Issued by the Board(a) Any witness summoned by a subpoena issued by the board may petition the board to vacate or modify the subpoena.(b) Promptly upon receipt of a petition under (a) above, the board shall forward a copy of the petition to the party requesting the subpoena by motion.(c) After consideration of the petition and any objection filed by the party requesting the subpoena, the board shall: (1) Vacate the subpoena upon the determination that:a.The testimony of the witness summoned or the materials produced in compliance with the subpoena would be:2.Immaterial to the issues presented by the adjudicative proceeding;b.Compliance with the subpoena would be unreasonably burdensome; orc.The subpoena is otherwise unreasonable or unlawful; or(2) Modify the subpoena upon the determination that any deficiencies described in (1) above can be corrected by modifying the subpoena without vacating it.N.H. Admin. Code § Cla 208.02