Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission)
Chapter 5 - RULES FOR THE CONDUCT OF PUBLIC HEARINGS
Section 672-5-06 - SUBPOENAS

Universal Citation: 01 ME Code Rules ยง 672-5-06

Current through 2024-13, March 27, 2024

A. Who May Request Subpoenas

At the request of any party, or at the request of the Commission, or any member thereof, or on the Presiding Officer's own motion, the Presiding Officer may issue subpoenas for the attendance of witnesses or for the production of documents.

B. Content

Every subpoena so issued must bear the name of the Commission, bear the name of the issuing officer, and must command the person to whom it is directed to attend and give testimony or produce specified documents or things at a designated time and place. The subpoena requires the approval of the Attorney General or their designee. The subpoena must also advise of the quashing procedure provided by Section 5.06(E).

C. Service

Unless receipt of the subpoena is acknowledged by the witness, it must be served by a person who is not a party to the proceeding and is not less than 18 years of age. Service must be made by delivering a copy of the subpoena to the person named in it and tendering to them the fees and mileage paid to witnesses in the Superior Courts of this State.

D. Proof of Service

The person serving the subpoena must make proof of service, by filing the subpoena and affidavit or acknowledgment of service with the Presiding Officer. Failure to make such proof of service will not affect the validity of such subpoena and service.

E. Quashing

On motion made promptly, and before the time specified in the subpoena, and on notice to the party at whose instance the subpoena was issued, the Presiding Officer may:

1. Quash or modify the subpoena if the Presiding Officer finds that it is unreasonable or requires evidence not relevant to any matter in issue; or

2. Deny the motion to quash.

F. Confidentiality

If any person served with such subpoena claims, at or before the hearing, that the production of books, records or other data under such person's control may disclose secret processes, formulae or methods used by or under the direction of such person, which are entitled to protection as trade secrets or as to which the confidentiality is otherwise entitled to protection by law, and the Presiding Officer determines that such claim is valid after consultation with a representative of the Attorney General, such information from such books, records, or other data must be disclosed at a nonpublic portion of the hearing and the record thereof must be confidential.

G. Court Orders

Failure to comply with a subpoena lawfully issued under Section 5.06 will be punishable as for contempt of court. ( 5 M.R.S. §9060(1)(D) )

H. Costs

Any costs incident to complying with a subpoena must be borne by the party requesting the subpoena.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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