(a) A party shall
file and serve a request for a subpoena, attaching a proposed subpoena. A form
of subpoena is available on the Board's website at ncbop.org/lawandrules.htm.
The Board may issue the subpoena in accordance with
150B-39(c). Subpoenas must
be issued and signed by the Presiding Officer, the Board's Executive Director,
the Board's legal counsel, or a Board staff member designated by the Executive
(b) The party shall serve
the subpoena along with the fees and expenses required by
(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
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 by filing a motion to quash.
The movant shall file and serve the motion to quash within 10 days of service
of the subpoena or seven days before the contested case hearing, whichever is
sooner. The Board shall hear and rule on objections as provided in
21 N.C. Admin.
Code 46 .2013
Eff. September 1, 1988.
Pursuant to G.S.
150B-21.3A, rule is necessary without substantive public interest Eff. October
Carolina Register Volume 35, Issue 05, September 1, 2020