North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0700 - ADMINISTRATIVE HEARING PROCEDURES › Section 61 .0711 - SUBPOENAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Requests for
				subpoenas for the attendance and testimony of witnesses or for the production
				of documents, either at a hearing or for the purposes of discovery, shall be
				made in writing and delivered to the Board at least 10 days before the date of
				a contested case hearing and at least twenty days before a date given to
				provide discovery, shall identify any document sought with specificity, and
				shall include the full name and home or business address of all persons to be
				subpoenaed and, if known, the date, time, and place for responding to the
				subpoena. The Board shall issue the requested subpoenas within three days of
				receipt of the request.
(b)
				Subpoenas shall contain: the caption of the case; the name and address of the
				person subpoenaed; the date, hour and location of the hearing in which the
				witness is commanded to appear; a particularized description of the books,
				papers, records or objects the witness is directed to bring with him to the
				hearing, if any; the identity of the party on whose application the subpoena
				was issued; the date of issue; the signature of the presiding officer or his
				designee; and a "return of service". The "return of service" form, as filled
				out, shows the name and capacity of the person serving the subpoena, the date
				on which the subpoena was delivered to the person directed to make service, the
				date on which service was made, the person on whom service was made, the manner
				in which service was made, and the signature of the person making
				service.
(c) Subpoenas shall be
				served by the sheriff of the county in which the person subpoenaed resides,
				when the party requesting such subpoena prepays the sheriff's service fee. The
				subpoena shall be issued in duplicate, with a "return of service" form attached
				to each copy. A person serving the subpoena shall fill out the "return of
				service" form for each copy and properly return one copy of the subpoena, with
				the attached "return of service" form completed, to the Board.
(d) Any person receiving a subpoena from the
				Board may object thereto by filing a written objection to the subpoena with the
				Board's office. Such objection shall include a concise, but complete, statement
				of reasons why the subpoena should be revoked or modified. These reasons may
				include lack of relevancy of the evidence sought, or any other reason
				sufficient in law for holding the subpoena invalid, such as that the evidence
				is privileged, that appearance or production would be so disruptive as to be
				unreasonable in light of the significance of the evidence sought, or other
				undue hardship.
(e) Any objection
				to a subpoena must be served on the party who requested the subpoena
				simultaneously with the filing of the objection with the Board.
(f) The party who requested the subpoena, in
				such time as may be granted by the Board, may file a written response to the
				objection. The written response shall be served by the requesting party on the
				objecting witness simultaneously with filing the response with the
				Board.
(g) After receipt of the
				objection and response thereto, if any, the Board shall issue a notice to the
				party who requested the subpoena and the party challenging the subpoena, and
				may notify any other party or parties of an open hearing, to be scheduled as
				soon as practicable, at which evidence and testimony may be presented, limited
				to the narrow questions raised by the objection and response.
(h) Promptly after the close of such hearing,
				the majority of the Board members hearing the contested case shall rule on the
				challenge and issue a written decision. A copy of the decision shall be issued
				to all parties and made a part of the record.
Authority
				  G.S.
				  90-652(2),(5),(8);
Temporary Adoption Eff. October 15, 2001;
Eff. August 1,
				  2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. August 22,
				  2015.