Section R12-5-2308. Subpoenas

A.      Issuance of a subpoena. Upon written application of a party or on the Chairperson’s own motion, the Chairperson may issue a subpoena requiring the attendance and testimony of a witness, production of documentary or other tangible evidence, or both.

B.       Specificity required. A party that applies for a subpoena to compel production of documentary or other tangible evidence shall ensure that the application specifically identifies the books, papers, documents, or other evidence to be produced.

C.      Service of a subpoena. A party that applies for a subpoena shall ensure that the subpoena is personally served. The person serving a subpoena shall provide proof of service by filing with the Board a certified statement of the date and manner of service and the name of the person served.

D.      Objection to a subpoena. A party or the person served with a subpoena who objects to the subpoena, or a portion of the sub- poena, may file a written objection with the Board. The person filing an objection shall:

1.        File it within five days after service of the subpoena or at the beginning of the hearing, whichever occurs first; and

2.        Ensure that the objection states  why the subpoena is unreasonable or oppressive or how the desired testimony or evidence may be obtained by an alternative method.

Historical Note

Adopted effective November 27, 1995 (Supp. 95-4). Amended by final rulemaking at 13 A.A.R. 4216, effec- tive February 2, 2008 (Supp. 07-4).