Md. Code Regs. 26.01.02.18

Current through Register Vol. 51, No. 20, October 4, 2024

Section 26.01.02.18 - Subpoenas

A. Requests. Requests for issuance shall specify the name, address, zip code and county, for purpose of service, of the person to be subpoenaed, and the address and telephone number of the requester. Any requests for issuance of subpoenas shall be received in the Office of Hearings not later than 5 working days before the scheduled hearing date, unless good cause is shown why the request could not have been made earlier. If a subpoena requests the production of tangibles, books, papers, or other documents, they shall be described with particularity. For subpoenas filed 10 calendar days or less before the scheduled hearing date, service shall be provided by the requester.

B. Issuance of Subpoenas. The Office of Hearings may, on request of any party or upon the hearing examiner's own motion, issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence, including relevant books, records, correspondence, or documents in the possession or under the control of the witness, at the hearing. Requests for subpoenas may be made ex parte. A subpoena shall show on its face the name and telephone number of the party at whose request it was issued.

C. Service of Subpoenas. Subpoenas for persons may be served by either hand-delivering a copy to the individual named, or by registered or certified mail addressed to the individual at the individual's last known dwelling place or principal place of business. Proof of service may be shown by a verified return by the individual serving the subpoena setting forth the manner of service, or, in the case of service by registered or certified mail, by the returned United States Postal Service receipt.

D. Costs. The costs of serving subpoenas may be charged to the requester.

E. Objections to Subpoenas. A person may object to a subpoena by filing a motion to quash or for other relief before the hearing examiner. The motion shall be filed promptly after service of the subpoena before the time specified in the subpoena for compliance.

F. Enforcement of Subpoenas. Upon failure of any person to comply with a subpoena, the person or agency requesting the subpoena may apply to the appropriate circuit court for its enforcement.

Md. Code Regs. 26.01.02.18

Regulations .18 adopted effective October 16, 1989 (16:20 Md. R. 2183)