Section Nur 207.08 - Subpoena(a) 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 or intervenor.(c) A party or intervenor who moves for a subpoena shall attach a copy of the proposed subpoena to its motion. If the motion is granted, the requesting party or intervenor shall be responsible for the service of the subpoena and payment of any witness fee and mileage expenses that may be required.(d) Pursuant to RSA 326-B:38, IV(c) and V, a licensee shall not be entitled to any witness or mileage fee for compliance with any subpoena issued by the board.(e) 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.(f) If the motion to quash or modify the subpoena fails to refute the rationale for the subpoena and the motion is denied, 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.(g) 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.(h) Should any person fail to comply with a subpoena issued pursuant to this section, the board shall either enter an order adverse to the party or intervenor who fails to comply, or seek judicial enforcement against any other person.N.H. Admin. Code § Nur 207.08
#8778, eff 12-23-06; ss by #10297, eff 3-22-13