Section 610.052 - Subpoenas(A) A subpoena under 130 CMR 610.000 is a document that commands a witness to appear at a given time to give testimony at an administrative proceeding. A subpoena can also require the witness to produce for the administrative proceeding any books, documents, papers, or records in his or her possession or control.(B)Right to Subpoena. Any party to a hearing and BOH on its own have the right to request a subpoena requiring the attendance, testimony of witnesses, and the production of any evidence including books, records, correspondence, or documents relating to any matter in question at the hearing. Any party may submit to BOH a written request for the issuance of such subpoena. If, in its discretion and in accordance with 130 CMR 610.065(B), BOH allows such request, a subpoena will be issued within three business days of receipt of such request.(C)Petition to Vacate Subpoena. Any witness subpoenaed may petition BOH to vacate or modify a subpoena. (1) BOH gives the party who requested the issuance of the subpoena notice of such petition orally or in writing. The notice must contain the contents of the petition and indicates that the party may oppose the petition orally or, if time permits, in writing to BOH. If time does not permit a party to respond to the request to vacate, the hearing will be postponed long enough to permit the party to respond to the petition. This procedure is not be construed to require a hearing or adjudicatory proceeding.(2) After such investigation as BOH considers appropriate, BOH may grant the petition in whole or in part upon a finding that:(a) the testimony or the evidence whose production is required does not relate with reasonable directness to any matter in question;(b) the subpoena is unreasonable or unduly burdensome; or(c) the subpoena has not been issued in a reasonable period in advance of the time when the evidence to be produced is requested.(3) Unless BOH finds that at least one of the conditions in 130 CMR 610.052(C)(2)(a) through (c) exists, BOH will deny the petition.(D)Failure to Comply with a Subpoena. If any person fails to comply with a properly issued subpoena, BOH (or the party who requested the subpoena) may petition the Superior Court for an order requiring compliance with the terms of the subpoena.Amended by Mass Register Issue 1397, eff. 8/9/2019.