New Hampshire Code of Administrative Rules
Plc - Executive Director, Office of Professional Licensure and Certification
Chapter Plc 200 - PRACTICE AND PROCEDURE
Part Plc 206 - ADJUDICATIVE PROCEEDINGS
Section Plc 206.19 - Subpoenas for Hearings

Universal Citation: NH Admin Rules Plc 206.19

Current through Register No. 12, March 21, 2024

(a) The regulatory authority shall issue subpoenas for the attendance of witnesses or the production of evidence in an adjudicative proceeding in accordance with RSA 310-A:1-k, II or such other authority as is conferred by applicable law.

(b) The participant requesting a subpoena to be issued shall attach a copy of the proposed subpoena to its motion. If the motion is granted, the requesting participant shall be responsible for the service of the subpoena and payment of any applicable witness fee and mileage expenses.

(c) A motion to quash or modify a subpoena shall be entertained from the person to whom the subpoena is directed, if filed no later than one working day before the date specified in the subpoena for compliance therewith. If the presiding officer denies the motion to quash or modify, in whole or in part, the person to whom the subpoena is directed shall comply with the subpoena or any modification thereof, within the balance of time prescribed in the subpoena or within 3 days from the date of the presiding officer's order, whichever is later, unless the presiding officer expressly provides additional time to comply.

(d) The presiding officer shall grant a motion to issue a subpoena or a motion to quash a subpoena if there is a preponderance of evidence to support the motion.

(e) If a person fails to comply with a subpoena issued pursuant to this section, then:

(1) If the person is a licensee, such noncompliance shall constitute misconduct, for which the regulatory authority shall:
a. Impose sanctions specific to any pending proceeding or investigation, including, but not limited to, entry of a default judgment as to some or all of the pending issues that is adverse to the noncompliant participant; or

b. Institute a separate investigation against any non-compliant individual who is subject to the regulatory authority's jurisdiction; or

(2) For all non-compliant persons, the presiding officer shall:
a. Order the proceeding to continue and defer all, or part, of the subpoena enforcement issues;

b. Recommend that the regulatory authority seek judicial relief; or

c. Determine there was just cause for the failure to comply with the subpoena, which shall include:
1. Illness;

2. Accident;

3. Death of a family member; or

4. Other circumstances beyond the control of the non-compliant person.

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