Section Hcp 207.08 - Subpoenas(a) Subpoenas for the attendance of witnesses or the production of evidence in investigations or adjudicative proceedings shall be issued upon the order of the board after approval by the department of justice pursuant to RSA 137-F:21, I.(b) Motions to quash or modify a subpoena shall be entertained from the person to whom the subpoena is directed, if filed within 7 days after service of the subpoena, or one day before the date specified in the subpoena for compliance therewith, whichever is later. Such motions shall be denied for the same reasons that they are denied in the superior court. If the board denies the motion to quash or modify, in whole or in part, the person to whom the subpoena is directed shall comply with the subpoena, or any modification thereof, within the balance of time prescribed in the subpoena or within 3 days from the date of the board's order, whichever is later, unless the board expressly provides additional time to comply.(c) A subpoena shall be served in any manner authorized by law. The date, time, and method of service shall be written on the reverse of the original copy of the subpoena by the person making service who shall then file that copy with the board.(d) Should a person fail to comply with a subpoena issued pursuant to this section, the board shall take one or more of the following actions calculated to best encourage compliance or mitigate the harm caused by such non-compliance: (1) Impose sanctions specific to any pending proceeding or investigation, including, but not limited to, entry of a default judgment as to some or all of the pending issues which is adverse to the noncompliant party;(2) Institute a separate investigation against any noncompliant individual who is subject to the board's jurisdiction; or(3) Continue with the proceeding and defer all, or part, of the subpoena enforcement issues.N.H. Admin. Code § Hcp 207.08
#9337, eff 12-3-08 (formerly Hcp 206.08 )