1. A. On request of a party to a proceeding, an administrative unit shall issue a subpoena requiring the attendance and testimony of a witness and, if requested, the production at the hearing of relevant documents and tangible items in the possession or under the control of the witness.
2. B. A request for the issuance of a subpoena shall be made in writing to the administrative unit not later than 10 days before the scheduled hearing date.
3. C. If a request for issuance of a subpoena is received by the administrative unit less than 15 days before the scheduled hearing date, the requesting party shall be responsible for service of the subpoena.

4. D. A request for a subpoena shall specify:

   1. (1) The full name and address of the person to be subpoenaed;
   2. (2) The full name, address, and telephone number of the party requesting the subpoena;
   3. (3) The caption of the action for which a subpoena is requested;
   4. (4) The date, time, and place of the hearing for which the subpoenaed person is to appear; and
   5. (5) For a subpoena for the production of documents, a description of tangible items, books, papers, or other documents.
5. E. A subpoena request need not be served on all parties.

6. F. Subpoenas may be served by:

   1. (1) Certified mail to the person at the address specified in the subpoena request; or

   2. (2) Personal delivery by an individual who is:

      1. (a) 18 years old or older; and
      2. (b) Not a party to the proceeding.

7. G. Return of service of subpoena shall be made by:

   1. (1) Affidavit, if personally delivered; or
   2. (2) Return receipt, if mailed.
8. H. A person may object to a subpoena by filing with the administrative unit, before the time specified in the subpoena for compliance, a motion to quash or for other appropriate relief.
9. I. If a person fails to comply with a properly served subpoena, the party requesting the subpoena may apply to the appropriate circuit court for relief.

Authority: Business Regulation Article, §2-105, Annotated Code of Maryland

Effective date: March 29, 1982 (9:6 Md. R. 613)

Regulation .01 amended effective April 8, 1985 (12:7 Md. R. 701)

Regulation .02 amended effective February 23, 1987 (14:4 Md. R. 415)

Regulations .01—.04 repealed and new Regulations .01—.21 adopted effective December 12, 2002 (29:24 Md. R. 1918)