21 N.C. Admin. Code 17 .0512 - SUBPOENAS
(a) A party shall
file and serve a request for a subpoena, attaching a proposed subpoena. The
Board may issue the subpoena in accordance with
G.S.
150B-39(c). Issued subpoenas
must be signed by the Presiding Officer, the Board's Executive Director, the
Board's legal counsel, or a Board staff member designated by the Executive
Director.
(b) Subpoenas shall be
served as permitted by Rule 45 of the North Carolina Rules of Civil Procedure,
as set forth in
G.S.
1A-1.
(c) After service of the subpoena, the party
serving the subpoena shall file and serve sworn proof of the method of service,
demonstrating compliance with
G.S.
150B-39(c).
(d)
G.S.
150B-39(c) governs the
recipients' duties in responding to subpoenas. A party to the case or person
subject to the subpoena may object to a subpoena. Any objection to a subpoena
shall be served on the party who requested the subpoena simultaneously with the
filing of the objection with the Board. Motions to override an objection or
quash or modify a subpoena shall be filed in accordance with
G.S.
150B-39(c). The Board shall
hear and rule on motions to override an objection or quash or modify a subpoena
as provided in
G.S.
150B-39(c).
Notes
Adopted by North Carolina Register Volume 37, Issue 15, February 1, 2023 effective
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