Md. Code Regs. 16.02.02.08

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

Section 16.02.02.08 - Subpoenas

A. Issuance Authorized. On request of a party, the Secretary may issue subpoenas to require:

(1) The attendance and testimony of witnesses at the hearing; and

(2) The production at the hearing of any tangible items in the possession or under the control of a witness.

B. Requests.

(1) A request for a subpoena shall be in writing.

(2) To the extent practicable, the request shall be filed at least 10 days before the hearing.

(3) The request shall:

(a) Specify the name and full address of the person to be subpoenaed;

(b) Describe with particularity any tangible items to be produced under the subpoena; and

(c) Provide the name, full address, and telephone number of the party requesting the subpoena.

(4) A subpoena request need not be served on other parties.

C. Service.

(1) Subpoenas may be served as follows:

(a) By personal delivery by an individual who is 18 years old or older and not a party to the proceeding;

(b) By certified mail to the person at the address specified in the subpoena request; or

(c) If mailed by the Secretary, by regular mail.

(2) For subpoenas requested fewer than 10 days before the scheduled hearing, the requestor shall provide service.

(3) In all events, the costs of personal delivery or certified mail are the responsibility of the person requesting that service.

D. Proof of Service. Proof of service may be made as follows:

(1) For certified mail, by filing the original return receipt; and

(2) For personal delivery, by an affidavit that:

(a) Is signed by the person who made service;

(b) Avers that the affiant is 18 years old or older and not a party to the proceeding; and

(c) Specifies:

(i) The name of the person served;

(ii) The date on which the person was served; and

(iii) The particular place of service.

E. Objections. A person may object to a subpoena by filing a motion to quash or for other relief.

F. Enforcement. On a person's failure to comply with a subpoena, the Secretary or the party requesting the subpoena may apply to an appropriate circuit court for its enforcement.

Md. Code Regs. 16.02.02.08