Section Mhp 208.09 - 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 or pursuant to authority delegated by the board to its staff or to a committee by specific resolution or order, or by rule.(b) In adjudicative proceedings, a party requesting the board to authorize a subpoena shall attach a copy of the proposed subpoena to its motion. If the motion is granted, the requesting party shall be responsible for the service of the subpoena and payment of any applicable witness fee and mileage expenses.(c) Motions to quash or modify a subpoena shall be entertained from the person to whom the subpoena is directed, if filed within 7 days after service of the subpoena, or one day before the date specified in the subpoena for compliance therewith, whichever is later. 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 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, unless the board expressly provides additional time to comply.(d) The board shall grant a motion for a subpoena or quash a subpoena providing there is a preponderance of evidence to support the motion.(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 or investigation, 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 non-compliant individual who is subject to the board's jurisdiction;(3) Continue with the proceeding and defer all, or part, of the subpoena enforcement issues; or(4) Determine there was just cause for the failure to comply with the subpoena. Including just cause shall include: c.Death of a family member; andd.Other circumstances beyond the control of the party.N.H. Admin. Code § Mhp 208.09
Adopted by Volume XXXV Number 01, Filed January 8, 2015, Proposed by #10745, Effective 12/16/2014.