New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle V - State Board of Elections
Part 6218 - Civil Enforcement Hearings
Section 6218.11 - Discovery and subpoenas

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 6218.11
Current through Register Vol. 46, No. 12, March 20, 2024

If a party requires a subpoena to produce a witness or necessary materials for the specific purpose of an adjudicatory hearing conducted pursuant to this Part, an application for a subpoena may be made to the hearing officer and, upon good cause shown, shall be issued by the hearing officer as provided for by the State Administrative Procedure Law. An application to the hearing officer for the issuance of a subpoena shall be made on notice to all parties and to the co-counsels of the State Board. To ensure that an application for a subpoena by the chief enforcement counsel to the hearing officer shall not result in derogation of the powers reserved by to the State Board pursuant to subdivision 3 of section 3-104 of the Election Law, such a subpoena shall be narrowly drawn to meet the needs of the adjudicatory process and shall not be speculative or investigatory.

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