Utah Administrative Code
Topic - Commerce
Title R156 - Professional Licensing
Rule R156-1 - General Rule of the Division of Professional Licensing
Section R156-1-110 - Issuance of Investigative Subpoenas
Universal Citation: UT Admin Code R 156-1-110
Current through Bulletin 2024-18, September 15, 2024
(1)
(a) A
request for a subpoena in a Division investigation pursuant to Subsection
58-1-106(1)(c) shall be made in writing to the investigative subpoena authority and
accompanied by a draft of the proposed subpoena.
(b) Each request shall contain adequate
information to enable the investigative subpoena authority to make a finding of
sufficient need, including:
(i) the factual
basis for the request;
(ii) the
relevance and necessity of the particular person and evidence to the
investigation; and
(iii) an
explanation of why the subpoena is directed to the person upon whom it is to be
served.
(c) A request
for a subpoena and each finding by the investigative subpoena authority is part
of the investigative case file and is evidence obtained as a part of an
investigation before that evidence is presented in an administrative action or
criminal action.
(2) An approved subpoena shall be issued under the seal of the Division and the signature of the investigative subpoena authority.
(3) The person who requests an investigative subpoena is responsible for service of the subpoena.
(4)
(a)
Service may be made:
(i) on a person upon whom
a summons may be served pursuant to the Utah Rules of Civil Procedure;
and
(ii) personally or on the agent
of the person being served.
(b) If a party is represented by an attorney,
service shall be made on the attorney.
(5)
(a)
Service may be accomplished by hand delivery or by mail to the last known
address of the intended recipient.
(b) Service by mail is complete upon
mailing.
(c) Service may be
accomplished by electronic means.
(d) Service by electronic means is complete
on transmission if transmission is completed during normal business hours at
the place receiving the service, 8 a.m. to 5 p.m. on days other than Saturdays,
Sundays, and state and federal holidays; otherwise, service is complete on the
next business day.
(6)
(a) Each investigative subpoena shall have a
certificate of service.
(b) The
certificate of service may be a separate form or may be on the
subpoena.
(c) The person serving
the subpoena shall complete the certificate of service for both the served copy
and the copy kept for the Division files.
(7) Each investigative subpoena shall have a form provided by the Division for the recipient's custodian of records to complete, sign, and return with the requested information to establish the authenticity of the information.
(8)
(a) The
investigative subpoena authority may quash or modify an investigative subpoena
if the recipient shows the investigative subpoena is unreasonable or
oppressive.
(b) A recipient shall
file and serve a motion to quash or modify an investigative subpoena upon the
investigative subpoena authority no later than ten days after service of the
investigative subpoena.
(c) The
Division shall file and serve its response to a motion to quash or modify an
investigative subpoena upon the investigative subpoena authority and the
recipient no later than five business days after receipt of the
motion.
(d) The recipient may not
file a reply to the Division's response.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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