§ 3.70.200. Subpoenas.

A.

Any party may file applications for subpoenas with the board. Applications for subpoenas may be made ex parte. The board shall forthwith grant the subpoenas requested.

B.

Any person served with a subpoena, whether ad testificandum or duces tecum, if he does not intend to comply with the subpoena, shall, within three days after the date of service of the subpoena, petition in writing to revoke the subpoena. Such petition shall be filed with the board. Notice of the filing of petitions to revoke shall be promptly given by the board to the party at whose request the subpoena was issued.

C.

The board shall revoke the subpoena if, in its opinion, the evidence whose production is required does not relate to any matter under investigation or in question in the proceedings or the subpoena does not describe with sufficient particularity the evidence whose production is required, or if for any other reason sufficient in law the subpoena is otherwise invalid. The board shall make a simple statement of procedural or other grounds for its ruling. The petition to revoke, any answer filed thereto, and any ruling thereon shall not become part of the record except upon the request of the party aggrieved by the ruling.

D.

Parties are encouraged to submit deposition testimony for any witness who will be unavailable at the time of the hearing. For purposes herein, a witness is unavailable when the witness is absent from the hearing and the proponent of his or her statement has been unable to procure his or her attendance by reasonable means. The board will determine, in its discretion, the relevance of any offered deposition testimony, and will rule on any objections to the use of any deposition testimony. A failure to object to the introduction of deposition testimony at the time such testimony is offered will be deemed a waiver.

(AR No. 97-180, § 1, 8-19-97)