29-250 C.M.R. ch. 2, § 9 - Discovery and subpoenas

1. Discovery. Prior to the scheduled hearing, a party has the right to obtain copies of any documents, records or exhibits intended to be introduced into evidence at the hearing. Problems or disagreements shall be made known to the Hearing Examiner at least five days prior to the scheduled hearing date.

2. Subpoenas.

A. Right to issuance. A party has the right to the issuance of subpoenas in the name of the Secretary of State to require the attendance and testimony of witnesses and the production of evidence relevant to any issue of fact at the hearing.

B. Petition to vacate or modify subpoena. Any witness issued a subpoena may petition the Secretary of State to vacate or modify the subpoena. The Secretary of State shall promptly give notice of such petitionto the party who requested the issuance of the subpoena. The Secretary of State may conduct an investigation as deemed necessary and appropriate. The Secretary of State may, to protect a person subject to or affected by the subpoena, vacate or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot otherwise be met without undue hardship and assures that the person to whom the subpoena is issued will be reasonably compensated, the Secretary of State may order appearance or production only upon specified conditions.

1 Factors to be considered in deciding petitions. In addition to any other applicable statutory provisions, the Secretary of State shall consider the following factors when deciding to vacate or modify subpoenas:

a whether the information sought by the subpoena is relevant to the proceeding;

b whether the subpoena allows a reasonable time for compliance;

c whether the subpoena requires a person to incur a substantial expense to travel more than one hundred miles one way to attend the hearing;

d whether the subpoena requires disclosure of privileged or other protected matter and no exception or waiver applies;

e whether the subpoena requires disclosure of a trade secret or other confidential research, development, or commercial information; and

f whether the subpoena subjects a person to undue burden.

Notes

29-250 C.M.R. ch. 2, § 9