Ala. Admin. Code r. 364-X-17-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 364-X-17-.04 - Subpoenas

(1) Subpoenas requiring the attendance of witnesses, or those to produce documents, evidence, or things, will be issued by the Board or its designee within four business days of the receipt of a request from a party to the case for such subpoena, except as stated in this Rule.

(2) Subpoenas shall be served as the officer issuing the subpoena shall direct, as may be appropriate to the circumstances of the case. Subpoenas may be directed to be served by either of the following methods:

(a) by an employee of the Board; or

(b) by the sheriff of the county in which the person subpoenaed resides, when the party requesting such subpoena prepays the sheriff's service fee.

(3) Subpoenas shall be issued in duplicate, with a "Return of Service" form attached to each copy. The person serving the subpoena shall fill out the "Return of Service" form for each copy and promptly return one copy of the subpoena, with the attached "Return of Service" forms completed, to the Board.

(4) The Board or its designee will have the discretion to refuse to issue a requested subpoena if, clearly, on its face, the request is objectionable or unreasonable.

(5) Except as otherwise stated in a particular subpoena, any person receiving a subpoena from the Board may object thereto by filing a written objection to the subpoena with the Board by mailing same to the Board office. Such objection must be filed within five (5) days of receipt of the subpoena or two days prior to the date on which the subpoena is returnable or testimony to be taken, whichever shall be sooner.

(6) Such objection will include a concise, but complete statement of the reasons why the subpoena should be revoked or modified. These reasons may include lack of relevance of the evidence sought, or any other reason sufficient in law for holding the subpoena invalid, such as that the evidence is privileged, that appearance or production would be so disruptive as to be unreasonable in light of the significance of the evidence sought, or other undue hardships.

(7) Any such objection to a subpoena must be served on the party who requested the subpoena simultaneously with the filing of the objection with the Board.

(8) The party who requested the subpoena, in such time as may be granted by the Board or its designee, may file a written response to the objection. The written response shall be served by the requesting party on the objecting witness simultaneously with filing the response with the Board.

(9) After receipt of the objection and response thereto, if any, the Board or its designee shall issue a notice to the party who requested the subpoena and the party who is challenging it, and may notify all other parties, of an open hearing, to be scheduled as soon as practicable, at which time evidence and testimony may be presented, limited to the narrow questions raised by the objection and response, if any.

(10) Promptly after the close of such hearing, the Board or its designee will rule on the challenge and issue a written decision. A copy of the decision will be issued to all parties and made a part of the record.

(11) Subpoenas shall contain the following:

(a) the caption of the case;

(b) the name and address of the person subpoenaed;

(c) the date, hour and location of the hearing in which a witness is commanded to appear;

(d) a particularized description of the books, papers, records, maps, charts or objects the witness is directed to bring with him or her to the hearing, if any;

(e) the identity of the party on whose application the subpoena has been issued, and the date of issue;

(f) the manuscript signature of the Board chairman or his designee; and

(g) a "Return of Service" form, fully executed, which shows; the name and capacity of the person serving the subpoena; the date on which the subpoena was delivered to the person directed to make service; the date on which service was made; the person on whom service was made; the location and manner in which service was made; and the manuscript signature of the person making service.

Author: Thornton L. Neathery

Ala. Admin. Code r. 364-X-17-.04

New Rule: Filed May 10, 1996; effective June 14, 1996.

Statutory Authority:Code of Ala. 1975, § 34-41-20.