New Hampshire Code of Administrative Rules
Ins - Commissioner, Insurance Department
Chapter Ins 200 - PRACTICES AND PROCEDURES
Part Ins 206 - ADJUDICATIVE PROCEEDINGS
Section Ins 206.09 - Subpoenas
Current through Register No. 40, October 3, 2024
(a) Subpoenas for the attendance of witnesses at or the production of evidence in adjudicatory proceedings shall be issued only upon the order of the commissioner or pursuant to authority delegated by the commissioner. Subpoenas shall be issued in response to a motion when the commissioner determines that a subpoena is necessary for a full and fair presentation of evidence at the hearing and the information is not otherwise available to the moving party. A party requesting a subpoena shall attach a copy of the proposed subpoena to its motion. The requesting party shall be responsible for the service of the subpoena and payment of any witness fee and mileage expenses which may be required.
(b) The person to whom the subpoena is directed may, within 10 days after service of the subpoena or before the date specified in the subpoena for compliance therewith, whichever is earlier, file a motion to quash or modify the subpoena. The filing of a motion to quash or modify shall toll the time period within which the person named in the subpoena is directed to comply with the subpoena. However, if the commissioner denies the motion to quash or modify, in whole or in part, the tolling of the time period for compliance shall end and the person to whom the subpoena is directed shall comply with the subpoena, or any modification thereof, within the balance of time remaining as provided in the subpoena. The commissioner shall grant additional time to comply with the subpoena if the commissioner determines the motion to quash or modify was made in good faith and granting such additional time will not cause material unfairness to any party and will not unreasonably delay the proceeding.
(c) A subpoena shall be served by any person who is 18 years of age or older and in the manner authorized for service of subpoenas in the New Hampshire Superior Court. The fact of service shall be written on the reverse of the original copy of the subpoena by the person making service. The original copy shall be immediately returned to the commissioner, or commissioner's designee who authorized the subpoena, by the person making service.
(d) Should any person fail to comply with a subpoena issued pursuant to this section, the commissioner shall employ any remedy authorized by this title or the law of New Hampshire or shall direct an interested party to seek judicial enforcement.
