North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0400 - ADMINISTRATIVE HEARINGS › Section 40 .0418 - 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 to the Board, 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.
(e) 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.
(f) Any such objection to a subpoena must be
				served on the party who requested the subpoena simultaneously with the filing
				of the objection with the Board.
(g) 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.
(h) 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.
(i) Promptly after the close of such hearing,
				the majority of the Board members hearing the contested case will rule on the
				challenge and issue a written decision. A copy of the decision will be issued
				to all parties and made a part of the record.
Authority
				  G.S.
				  90-239;
				  150B-11;
				  150B-38;
				  150B-39;
				  150B-40;
Eff. May 1,
				  1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 22,
				  2018.