Code of Maine Rules
29 - DEPARTMENT OF THE SECRETARY OF STATE
250 - BUREAU OF MOTOR VEHICLES
Bureau of Motor Vehicles
Chapter 2 - RULES FOR ADMINISTRATIVE HEARINGS
Section 250-2-9 - Discovery and subpoenas
Universal Citation: 29 ME Code Rules ยง 250-2-9
Current through 2024-38, September 18, 2024
1. Discovery. Prior to the scheduled hearing, a party has the right to obtain copies of any documents, records or exhibits intended to be introduced into evidence at the hearing. Problems or disagreements shall be made known to the Hearing Examiner at least five days prior to the scheduled hearing date.
2. Subpoenas.
A. Right to issuance. A party has the right
to the issuance of subpoenas in the name of the Secretary of State to require
the attendance and testimony of witnesses and the production of evidence
relevant to any issue of fact at the hearing.
B. Petition to vacate or modify subpoena. Any
witness issued a subpoena may petition the Secretary of State to vacate or
modify the subpoena. The Secretary of State shall promptly give notice of such
petitionto the party who requested the issuance of the subpoena. The Secretary
of State may conduct an investigation as deemed necessary and appropriate. The
Secretary of State may, to protect a person subject to or affected by the
subpoena, vacate or modify the subpoena or, if the party in whose behalf the
subpoena is issued shows a substantial need for the testimony or material that
cannot otherwise be met without undue hardship and assures that the person to
whom the subpoena is issued will be reasonably compensated, the Secretary of
State may order appearance or production only upon specified conditions.
1 Factors to be considered in deciding
petitions. In addition to any other applicable statutory provisions, the
Secretary of State shall consider the following factors when deciding to vacate
or modify subpoenas:
a whether the information
sought by the subpoena is relevant to the proceeding;
b whether the subpoena allows a reasonable
time for compliance;
c whether the
subpoena requires a person to incur a substantial expense to travel more than
one hundred miles one way to attend the hearing;
d whether the subpoena requires disclosure of
privileged or other protected matter and no exception or waiver
applies;
e whether the subpoena
requires disclosure of a trade secret or other confidential research,
development, or commercial information; and
f whether the subpoena subjects a person to
undue burden.
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