Md. Code Regs. 30.02.05.10

Current through Register Vol. 51, No. 22, November 1, 2024

Section 30.02.05.10 - Subpoenas

A. At any stage of investigation and at any hearing, the EMS Board may issue a subpoena requiring a person to:

(1) Testify under oath;

(2) Answer interrogatories under oath;

(3) Produce documents and tangible things; or

(4) Permit inspection and copying of documents.

B. A subpoena shall:

(1) Describe generally the nature of the investigation;

(2) Specify the date, time, and place for the taking of required testimony;

(3) Contain a copy of any interrogatories requiring answers;

(4) Describe with reasonable specificity any things or documents to be produced together with the date, time, and place at which production is required;

(5) Advise of the right to representation; and

(6) Identify the individual who may be contacted on behalf of the EMS Board in reference to the subpoena.

C. A subpoena shall be issued over the signature of one of the following officials on behalf of the EMS Board:

(1) Chair of the EMS Board;

(2) Executive Director of MIEMSS;

(3) Chair of the provider review panel; or

(4) State EMS Medical Director.

D. Subpoenas to Corporations and Other Entities. A subpoena directed to a corporation, partnership, or other entity shall:

(1) Describe with reasonable particularity the subject matter sought by the subpoena; and

(2) Require that the entity designate one or more authorized individuals to provide the testimony, interrogatory answers, things, or documents requested by the subpoena.

E. Petition to Quash or Modify Subpoena.

(1) A person served with a subpoena under this regulation may request that the subpoena be quashed or modified by filing a request in writing with the contact person identified in the subpoena within 10 days of service or before the action required by the subpoena, whichever is earlier. The request shall set forth good cause why the subpoena should be quashed or modified.

(2) The EMS Board, upon any further inquiry it may require, shall act promptly on any petition to quash or modify the subpoena.

F. Enforcement of Subpoena. If a person fails to comply with a subpoena served under this regulation, the EMS Board may apply to a court of competent jurisdiction for punishment of contempt.

G. Service of Subpoena.

(1) A subpoena may be served by hand delivery or certified mail.

(2) The individual serving the subpoena shall complete a certificate of service attesting to the method and date of service.

Md. Code Regs. 30.02.05.10