North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0600 - ADMINISTRATIVE LAW PROCEDURES › Section 29 .0613 - 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 and 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, shall show 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) Any person receiving a subpoena from the
				Board may object thereto by filing a written objection to the subpoena with the
				Board's office.
(d) The 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 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.
(f) The party who requested the subpoena may
				file a written response to the objection within five working days. 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 time 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,
				a majority of the Board members with voting authority, or an administrative law
				judge assigned to the case pursuant to
				G.S.
				150B-40(e), 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.74F-6;
				  150B-38;
				  150B-40;
Temporary
				  Adoption Eff. May 28, 2003;
Eff. May 1, 2004;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. February 2,
				  2016.