Section Mtec 205.18 - 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. 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) 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; or(3) Continue with the proceeding and defer all, or part, of the subpoena enforcement issues to a later date if the board determines that the absence of the witness or the requested documents or objects at the hearing will not unfairly prejudice the party who has requested the same.N.H. Admin. Code § Mtec 205.18
Derived From Volume XXXVI Number 19, Filed May 12, 2016, Proposed by #11091-A, Effective 5/5/2016.