Section Plc 206.19 - Subpoenas for Hearings(a) The presiding officer shall issue subpoenas for the attendance of witnesses or the production of documents or other evidence in an adjudicative proceeding other than a licensing proceeding in accordance with RSA 310:10, V.(b) The participant requesting a subpoena to be issued shall attach a copy of the proposed subpoena to the motion requesting the issuance of a subpoena. If the motion is granted, the requesting participant shall be responsible for the service of the subpoena and payment of any applicable witness fee and mileage expenses.(c) A motion to quash or modify a subpoena shall be entertained from the person to whom the subpoena is directed, if filed no later than one working day before the date specified in the subpoena for compliance therewith. If the presiding officer 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 presiding officer's order, whichever is later, unless the presiding officer expressly provides additional time to comply.(d) The presiding officer shall grant a motion to issue a subpoena or a motion to quash a subpoena if there is a preponderance of evidence to support the motion.(e) If a person fails to comply with a subpoena issued pursuant to this section, then: (1) If the person is a licensee, such noncompliance shall constitute misconduct, for which the presiding officer or board shall:a. 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 that is adverse to the noncompliant participant; orb. Request the enforcement division to initiate a separate investigation against any non-compliant individual who is subject to the board's jurisdiction; or(2) For all non-compliant persons, the presiding officer shall:a. Order the proceeding to continue and defer all, or part, of the subpoena enforcement issues;b. Recommend that the board seek judicial relief; orc. Determine there was just cause for the failure to comply with the subpoena, such as illness, accident, recent death of a family member, or other circumstances beyond the control of the non-compliant person.N.H. Admin. Code § Plc 206.19
Derived from (See Revision Note at chapter heading for Plc 200), Proposed by #13427, Effective 8/4/2022.Amended by Number 2, Filed January 11, 2024, Proposed by #13837, Effective 12/28/2023 (See Revision Note #2 at chapter heading for Plc 200).