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
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: