N.H. Admin. Code § Eth 210.04 - Subpoenas

(a) A subpoena for the attendance of witnesses or the production of evidence in disciplinary proceedings shall, pursuant to RSA 21-G:31, VI, be issued only upon the order of the chair as presiding officer, or if the chair is not the presiding officer, the committee or legal counsel.

(b) A subpoena shall be issued on the initiative of the presiding officer or in response to the motion of a party.

(c) A party who moves for a subpoena shall attach a copy of the proposed subpoena to the motion. The requesting party shall be responsible for the service of the subpoena and payment of any witness fee and mileage expenses that may be required.

(d) The person to whom the subpoena is directed may, within 10 days after service of the subpoena, or before the date specified by the presiding officer in the subpoena for compliance therewith, whichever is earlier, file a motion to quash or modify the subpoena.

(e) If the presiding officer determines that the motion to quash or modify the subpoena fails to refute the rationale for the subpoena and the motion is denied, in whole or in part, the person to whom the subpoena is directed shall comply with the subpoena, within the time prescribed in the subpoena, unless the presiding officer expressly provides additional time to comply.

(f) A subpoena shall be served by any person who is 18 years of age or older, and in the manner authorized for service of subpoenas in the New Hampshire superior court. The time and date of service shall be written on the reverse of the original copy of the subpoena by the person making service and a copy shall be immediately returned to the committee by the person making service.

(g) Should any person fail to comply with a subpoena issued pursuant to this section, the presiding officer may either issue an order adverse to the party who fails to comply or take any other action necessary to ensure the full and fair presentation of evidence at the hearing.

Notes

N.H. Admin. Code § Eth 210.04

Derived From Volume XXXVIII Number 37, Filed September 13, 2018, Proposed by #12617-A, Effective 9/6/2018.