Utah Admin. Code 156-1-110

Current through Bulletin 2024-12, June 15, 2024

Section R156-1-110 - Issuance of Investigative Subpoenas

(1)

(a) A request for a subpoena in a Division investigation pursuant to Subsection 58-1-106(1)(c) shall be made in writing to the investigative subpoena authority and accompanied by a draft of the proposed subpoena.

(b) Each request shall contain adequate information to enable the investigative subpoena authority to make a finding of sufficient need, including:

(i) the factual basis for the request;

(ii) the relevance and necessity of the particular person and evidence to the investigation; and

(iii) an explanation of why the subpoena is directed to the person upon whom it is to be served.

(c) A request for a subpoena and each finding by the investigative subpoena authority is part of the investigative case file and is evidence obtained as a part of an investigation before that evidence is presented in an administrative action or criminal action.

(2) An approved subpoena shall be issued under the seal of the Division and the signature of the investigative subpoena authority.

(3) The person who requests an investigative subpoena is responsible for service of the subpoena.

(4)

(a) Service may be made:

(i) on a person upon whom a summons may be served pursuant to the Utah Rules of Civil Procedure; and

(ii) personally or on the agent of the person being served.

(b) If a party is represented by an attorney, service shall be made on the attorney.

(5)

(a) Service may be accomplished by hand delivery or by mail to the last known address of the intended recipient.

(b) Service by mail is complete upon mailing.

(c) Service may be accomplished by electronic means.

(d) Service by electronic means is complete on transmission if transmission is completed during normal business hours at the place receiving the service, 8 a.m. to 5 p.m. on days other than Saturdays, Sundays, and state and federal holidays; otherwise, service is complete on the next business day.

(6)

(a) Each investigative subpoena shall have a certificate of service.

(b) The certificate of service may be a separate form or may be on the subpoena.

(c) The person serving the subpoena shall complete the certificate of service for both the served copy and the copy kept for the Division files.

(7) Each investigative subpoena shall have a form provided by the Division for the recipient's custodian of records to complete, sign, and return with the requested information to establish the authenticity of the information.

(8)

(a) The investigative subpoena authority may quash or modify an investigative subpoena if the recipient shows the investigative subpoena is unreasonable or oppressive.

(b) A recipient shall file and serve a motion to quash or modify an investigative subpoena upon the investigative subpoena authority no later than ten days after service of the investigative subpoena.

(c) The Division shall file and serve its response to a motion to quash or modify an investigative subpoena upon the investigative subpoena authority and the recipient no later than five business days after receipt of the motion.

(d) The recipient may not file a reply to the Division's response.

Utah Admin. Code R156-1-110

Amended by Utah State Bulletin Number 2021-07, effective 3/25/2021

Amended by Utah State Bulletin Number 2024-09, effective 4/23/2024