Current through Register No. 45, November 7, 2024
Section Frl 207.09 - Subpoenas(a) Subpoenas for the attendance of witnesses or the production of evidence in investigations or adjudicative proceedings shall be issued upon the order of the board.(b) In adjudicative proceedings, a party requesting the board to authorize a subpoena shall attach a copy of the proposed subpoena to its motion. The requesting party shall be responsible for the service of the subpoena and payment of any applicable witness fee and mileage expenses.(c) The person to whom the subpoena is directed may, within 7 days after service of the subpoena, or one day before the date specified in the subpoena for compliance therewith, whichever is later, file a motion to quash or modify the subpoena. The person to whom the subpoena is directed shall comply with the subpoena, or any modification thereof, within the balance of time prescribed in the subpoena or within 3 days from the date of the board's order, whichever is later.(d) A subpoena shall be served in any manner authorized by law. The date, time, and method of service shall be written on the reverse of the original copy of the subpoena by the person making service who shall then file that copy with the board.(e) Should a person fail to comply with a subpoena issued pursuant to this section, the board shall take one or more of the following actions: (1) Impose sanctions specific to any pending proceeding, including, but not limited to, entry of a default judgment as to some or all of the pending issues which is adverse to the noncompliant party;(2) Institute a separate investigation against any noncompliant individual who is subject to the board's jurisdiction; or(3) Seek judicial enforcement of some or all of the subpoena.N.H. Admin. Code § Frl 207.09
#9949-A, eff 6-24-11 (from Frl 206.08 )