North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0600 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS › Section 21 .0603 - SUBPOENAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board shall
				use the following procedure to issue a subpoena pursuant to the authority
				granted the Board by
				G.S.
				150B-39:
(1)
				Subpoenas shall be issued in duplicate, with a "Return of Service" form
				attached to each copy. The person serving the subpoena shall fill out the
				"Return of Service" form for each copy and promptly return one copy of the
				subpoena, with the attached "Return of Service" form completed to the
				Board;
(2) 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;
(3) In accordance with
				G.S.
				150B-39, the Board may quash any subpoena
				issued in a case for which the Board is conducting a hearing. Any person
				receiving a subpoena in such case may object thereto by filing a written
				objection to the subpoena with the Board by mailing same to the Board
				office;
(4) 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, lack of particularity in the description 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.
(5) 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.
(6) 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.
(7) 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 who is challenging it, and may
				notify all other parties of an open hearing, to be scheduled as soon as
				practicable, at which time evidence and testimony may be presented, limited to
				the narrow questions raised by the objection and response, if any.
(8) Promptly after the close of such hearing,
				the Board 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.
(9) Subpoenas shall contain
				the following:
(A) the caption of the
				case;
(B) the name and address of
				the person subpoenaed;
(C) the
				date, hour and location of the hearing in which the witness is commanded to
				appear;
(D) a particularized
				description of the books, papers, records or objects the witness is directed to
				bring with him to the hearing, if any;
(E) the identity of the party on whose
				application the subpoena was issued, and the date of issue;
(F) the signature of the person issuing the
				subpoena; and
(G) a return of
				service form, fully executed, which 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 location and manner in which service was made,
				and the signature of the person making service.