Md. Code Regs. 14.30.08.11

Current through Register Vol. 51, No. 12, June 14, 2024

Section 14.30.08.11 - Subpoenas

A. Issuance of Subpoenas.

(1) The Board, the Executive Director, or the Office of Administrative Hearings, as appropriate, may issue subpoenas requiring the attendance and testimony of witnesses and production of documents or tangible items at any hearing.

(2) Subpoenas issued by the Office of Administrative Hearings shall be issued in accordance with COMAR 28.02.01.14.

B. Request for Subpoenas.

(1) A request for issuance of a subpoena shall:

(a) Be made in writing to the Board, Executive Director, or Office of Administrative Hearings, as appropriate;

(b) State:

(i) The name and address of the individual to be subpoenaed;

(ii) If production of documents or tangible items is sought, a particular description of the documents or tangible items sought; and

(iii) The name, address, email address, if any, and telephone number of the party requesting the subpoena; and

(c) Be sent by personal delivery, certified mail, or email to each party.

(2) To the extent practicable, a request for subpoena shall be filed with the Board, Executive Director, or Office of Administrative Hearings, as appropriate, at least 7 days before:

(a) A prehearing conference, if one has been scheduled; or

(b) The hearing, if no prehearing conference has been scheduled.

C. Service of Subpoenas. A subpoena may be served by personal service, by certified mail or by email.

D. If the subpoena is served by an individual other than the Office of Administrative Hearings, a certificate of service attesting to the method of service and date of service shall be filed with the Board, Executive Director, or Office of Administrative Hearings, as appropriate.

E. Objections to Subpoenas. A party or an individual who has been served a subpoena may object to the subpoena by filing a motion to modify or quash the subpoena within 7 days of service of the subpoena or by the date of the hearing, whichever is earlier.

F. Enforcement of Subpoenas.

(1) If a person fails to comply with a properly served subpoena, the Board shall issue an order requiring compliance with the subpoena.

(2) The Board or the Office of Administrative Hearings as appropriate may apply to the appropriate circuit court for an order to show cause why an individual should not be sanctioned for refusal to comply with a subpoena.

Md. Code Regs. 14.30.08.11

Regulation .11 adopted effective 51:9 Md. R. 441, eff. 5/13/2024.