(a)

1. (1) At the request of a party to a proceeding pending before the Professional Licensure Standards Board or its subcommittees, the Chair of the board may issue a subpoena and bring before the board, or the chair of the ethics hearing subcommittee may issue a subpoena and bring before the ethics hearing subcommittee, as a witness any person in this state.
2. (2) The board chair or the chair of the ethics hearing subcommittee may, on his or her own motion, issue a subpoena at any time.

(b)

1. (1) A party requesting a subpoena must make the request in writing to the board staff attorney.
2. (2) Requests for subpoenas made to the board shall be delivered to the office of the board attorney no later than ten (10) calendar days prior to the board hearing for which the subpoena is requested.

(c)

1. (1) The party requesting the subpoena is responsible for serving the subpoena on the witness:

   1. (A) In the manner provided for by statute or rule for the service of subpoenas in civil cases; or
   2. (B) By any form of mail addressed to the person to be served with:

(i) A return receipt requested; and

1. (ii) Delivery restricted to the:

(b) (b) Agent of the addressee.

1. (2) The requesting party is responsible for the payment of any fees or mileage associated with the appearance of the witness subject to the subpoena.

   1. (d) The subpoena shall:
2. (1) Be in the name of the board or the board ethics hearing subcommittee as applicable;
3. (2) State the name of the proceeding; and

4. (3) Command each person to whom it is directed to give testimony at the time and place specified in the subpoena in one (1) of the following ways:

   1. (A) In person;

   2. (B) Before a certified court reporter under oath at the place of the witness’s:

      1. (i) Residence; or
      2. (ii) Employment;
   3. (C) By videotaped deposition at the place of the witness’s residence or employment, or at another location agreed to between the parties; or

   4. (D) By live video communications from the witness’s residence, place of employment, or a nearby facility capable of providing video transmission to the:

      1. (i) Board; or
      2. (ii) Ethics hearing subcommittee.

(e) The manner of providing testimony under the subpoena shall be conducted by video conference testimony unless another manner is agreed upon by the:

1. (1) Board or the ethics hearing subcommittee, as applicable; and
2. (2) Person who is the subject of the subpoena.

(g)

1. (1) A witness who has been served by subpoena and who appears in person to testify at the trial or case pending before the board or the ethics hearing subcommittee shall be reimbursed for travel and attendance as provided by law.
2. (2) The cost of serving a subpoena and all associated costs for the testimony, such as a deposition, shall be borne by the requesting party.

(h)

1. (1) If a witness is served with a subpoena and fails to provide testimony in obedience to the subpoena, the board may apply to the circuit court of the county in which the board is holding the proceeding for an order:

   1. (A) Causing the arrest of the witness; and
   2. (B) Directing that the witness be brought before the court.

2. (2) The court will have the power to punish the disobedient witness for contempt as provided by the Arkansas Rules of Civil Procedure.

   1. (i) A witness who has been served with a subpoena may challenge the validity of the subpoena in the circuit court of the county in which the witness:
3. (1) Resides; or
4. (2) Is employed.