Current through Register Vol. 51, No. 19, September 20, 2024
A. Issuance of
Subpoenas.
(1) The Board, the Executive
Director, or the Office of Administrative Hearings, as appropriate, may issue
subpoenas requiring the attendance and testimony of witnesses and production of
documents or tangible items at any hearing.
(2) Subpoenas issued by the Office of
Administrative Hearings shall be issued in accordance with COMAR
28.02.01.14.
B. Request
for Subpoenas.
(1) A request for issuance of a
subpoena shall:
(a) Be made in writing to the
Board, Executive Director, or Office of Administrative Hearings, as
appropriate;
(b) State:
(i) The name and address of the individual to
be subpoenaed;
(ii) If production
of documents or tangible items is sought, a particular description of the
documents or tangible items sought; and
(iii) The name, address, email address, if
any, and telephone number of the party requesting the subpoena; and
(c) Be sent by personal delivery,
certified mail, or email to each party.
(2) To the extent practicable, a request for
subpoena shall be filed with the Board, Executive Director, or Office of
Administrative Hearings, as appropriate, at least 7 days before:
(a) A prehearing conference, if one has been
scheduled; or
(b) The hearing, if
no prehearing conference has been scheduled.
C. Service of Subpoenas. A subpoena may be
served by personal service, by certified mail or by email.
D. If the subpoena is served by an individual
other than the Office of Administrative Hearings, a certificate of service
attesting to the method of service and date of service shall be filed with the
Board, Executive Director, or Office of Administrative Hearings, as
appropriate.
E. Objections to
Subpoenas. A party or an individual who has been served a subpoena may object
to the subpoena by filing a motion to modify or quash the subpoena within 7
days of service of the subpoena or by the date of the hearing, whichever is
earlier.
F. Enforcement of
Subpoenas.
(1) If a person fails to comply
with a properly served subpoena, the Board shall issue an order requiring
compliance with the subpoena.
(2)
The Board or the Office of Administrative Hearings as appropriate may apply to
the appropriate circuit court for an order to show cause why an individual
should not be sanctioned for refusal to comply with a subpoena.
