01-020 C.M.R. ch. 3, r. 18 - Subpoenas

A. Generally. The Board may issue subpoenas at the request of any party to require the attendance and testimony of witnesses and the production of any evidence relating to any issue of fact in the proceeding, provided that the issuance of the subpoena has been approved by the Attorney General or a Deputy Attorney General as set forth in 5 MRSA19060. Subpoenas may be signed on behalf of the Board by the Chairperson or presiding officer.

B. The Board may prescribe the form of subpoena, but it shall adhere, insofar as practicable, to the form used in civil cases before the courts. 'Witnesses shall be subpoenaed only within the territorial limits and in the same manner as witnesses in civil cases before the courts, unless other territory or manner is provided by law. Witnesses subpoenaed shall be paid the same fees for attendance as in civil cases before the courts. Such fees, as well as the costs of serving the subpoena, shall be paid by the party requesting the subpoena.

C. Any subpoena issued shall show on its face the name and address of the party at whose request it was issued.

D. Any witness subpoenaed may petition the Board to vacate or modify a subpoena issued in its name. The Board shall give prompt notice to the party who requested issuance of the subpoena. After such investigation as the Board considers appropriate, it may grant the petition, in whole or in part, upon a finding that the testimony or the evidence sought to be produced does not relate with reasonable directness to any matter in question, or that a subpoena for the attendance of a witness or the production of evidence is unreasonable or oppressive or has not been issued a reasonable period in advance of the time when the evidence is requested.

E. Failure to comply with a subpoena lawfully issued in the name of the Board and not revoked or modified by the Board as provided in this section shall be punishable as for contempt of court.

Notes

01-020 C.M.R. ch. 3, r. 18