- A. The Board or the presiding officer may issue subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence on its own volition or at the request of a party. Any subpoena issued under this Section shall be signed by a Board employee designated by the Board or presiding officer, as applicable. A subpoena directed at the Board or any member or employee thereof may only be issued by the presiding officer, except as otherwise provided in law.
B. A request for a hearing subpoena shall be in writing and served on each party at least seven days prior to the date set for hearing and shall state:
- 1. The name of the contested case, the case number, and the time and place where the witness is expected to appear and testify;
- 2. The name and address of the witness subpoenaed;
- 3. The documents, if any, sought to be provided; and
- 4. A brief statement of the relevance of testimony or documents.
- C. On application of a party or the agency and for use as evidence, the presiding officer may permit a deposition to be taken, in the manner and upon the terms designated by the presiding officer, of a witness who cannot be subpoenaed or is unable to attend the hearing.
- D. The individual to whom a subpoena is directed shall comply with its provisions unless, prior to the date set for appearance, the presiding officer grants a written request to quash or modify the subpoena. The request shall be submitted to the Board and state the reasons why it should be granted. The presiding officer shall grant or deny such request by order.
- E. The party requesting the subpoena shall prepare it and cause it to be served upon the individual to whom it is directed and on all parties in the same manner as provided for service of subpoenas in civil matters before the superior court. The return of service shall be filed with the Board.
Historical Note
New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4). Amended by final exempt rulemaking at 27 A.A.R. 2353 (October 22, 2021), effective September 27, 2021 (Supp. 21-4). Amended by final exempt rulemaking at 32 A.A.R. 221 (January 16, 2026), effective December 8, 2025 (Supp. 25-4).