Ariz. Admin. Code § R7-2-712 - Subpoenas
A. The Board may
issue subpoenas for the attendance of witnesses and for the production of
books, records, documents and other evidence on its own volition or at the
request of a party. The subpoena shall be signed by a Board employee designated
by the Board.
B. A request for a
hearing subpoena shall be in writing and served on each party at least seven
days prior to the date set for hearing and shall state:
1. The name of the contested case, the case
number, and the time and place where the witness is expected to appear and
testify;
2. The name and address of
the witness subpoenaed;
3. The
documents, if any, sought to be provided; and
4. A brief statement of the relevance of
testimony or documents.
C. On application of a party or the agency
and for use as evidence, the presiding officer may permit a deposition to be
taken, in the manner and upon the terms designated by the presiding officer, of
a witness who cannot be subpoenaed or is unable to attend the
hearing.
D. The individual to whom
a subpoena is directed shall comply with its provisions unless, prior to the
date set for appearance, the presiding officer grants a written request to
quash or modify the subpoena. The request shall be submitted to the Board and
state the reasons why it should be granted. The presiding officer shall grant
or deny such request by order.
E.
The party requesting the subpoena shall prepare it and cause it to be served
upon the individual to whom it is directed and on all parties in the same
manner as provided for service of subpoenas in civil matters before the
superior court. The return of service shall be filed with the Board.
F. A party, or the person served with a
subpoena who objects to the subpoena, or any portion of it, may file an
objection with the presiding officer. The objection shall be filed within five
days after service of the subpoena, or at the outset of the hearing, if the
subpoena is served fewer than five days before the hearing.
G. If a subpoena issued for the Board is
disobeyed, the Board may petition the superior court to enforce the subpoena
pursuant to A.R.S. §
15-203.
H. If a subpoena issued for a party other
than the Board is disobeyed, the party may petition the superior court in the
manner provided by law for the enforcement of subpoenas in a civil
action.
Notes
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