21 N.C. Admin. Code 28B.0803

Current through Register Vol. 39, No. 8, October 15, 2024

Section 28B .0803 - SUBPOENAS

(a) Pursuant to G.S. 150B-39, the Board may issue subpoenas for the appearance of witnesses or the production of documents or information, either at the hearing or for the purposes of discovery.

(b) After a notice of hearing in a contested case has been issued and served upon a licensee or, in a case concerning an application for licensure, the applicant, the respondent may request subpoenas for the attendance of witnesses and the production of evidence.

(c) Requests by a licensee or applicant for subpoenas shall be made in writing to the Board and shall include the following:

(1) the name and home or business address of all persons to be subpoenaed; and

(2) the identification of any documents or information being sought.

Upon submission of a written request containing the information in Subparagraphs (1) and (2) of this Paragraph, the Board shall issue the subpoenas to the requesting party within three business days of the Board's receipt of the request.

(d) Subpoenas shall be served by the party requesting the subpoena as provided by the Rules of Civil Procedure, G.S. 1A, Rule 45. The cost of service, fees, and expenses, including copying costs, of any witnesses or documents subpoenaed is prescribed by G.S. 150B-39.

21 N.C. Admin. Code 28B .0803

Authority G.S. 89D-15(2); 89D-15(8); 150B-39; 150B-40(c);
Temporary Adoption Eff. January 1, 2016;
Eff. September 1, 2016;
Amended Eff. June 1, 2019.

Authority G.S. 89D-15(2); 89D-15(8); 150B-39; 150B-40(c);
Temporary Adoption Eff. January 1, 2016;
Adopted by North Carolina Register Volume 31, Issue 07, October 3, 2016 effective 9/1/2016.

Amended by North Carolina Register Volume 34, Issue 01, July 1, 2019 effective 6/1/2019.