1223 SUBPOENAS AND DEPOSITIONS

1223.1 The Board may require by subpoena the attendance and testimony of witnesses and the production of documentary evidence.

1223.2 Each subpoena issued by the Board shall include the following:

1. (a) The name of the respondent;
2. (b) The title of the action;
3. (c) A specification of the time allowed for compliance with the subpoena; and
4. (d) (1) A command to the person to whom it is directed to attend and give testimony at a time and place specified in the subpoena; or
5. (2) A command to the person to whom it is directed to produce and permit inspection and copying of the books, papers, documents, or tangible things designated in the subpoena.

1223.3 Any party may, by a written motion, request the Board to subpoena particular persons or evidence.

1223.4 A request for subpoena shall state the relevancy, materiality, and scope of the testimony or documentary evidence sought, including, as to documentary evidence, the identification of all documents desired and the facts to be proven by them in sufficient detail to indicate materiality and relevance.

1223.5 Any person to whom a subpoena is directed may, prior to the time specified in the subpoena for compliance, request the Board to quash or modify the subpoena.

1223.6 Any application to quash a subpoena shall be accompanied by a brief statement of the reasons supporting the motion to quash.

1223.7 The Board may quash or modify the subpoena upon a showing of good cause.

1223.8 Upon written notice and for extraordinary circumstances, such as the need to preserve testimony or the need to obtain testimony from a non-resident witness or party, the Board may order testimony to be taken by deposition, before any person who is designated by the Board to administer oaths. Such deposition may be conducted by video conference or other electronic means approved by the Board.

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015).