1. (a) Requests for subpoenas for the attendance and testimony of witnesses or for the production of documents, either at a hearing or for the purposes of discovery, shall be made in writing to the Board, shall identify any document sought with sufficient particularity, and shall include the full name and home or business address of all persons to be subpoenaed and, if known, the date, time, and location in which the witness is commanded to appear. The Board shall issue the requested subpoenas within five business days of its receipt of the written request.

2. (b) Subpoenas shall contain:

   1. (1) the caption of the case;
   2. (2) the name and address of the person subpoenaed;
   3. (3) the date, hour, and location of the hearing in which the witness is commanded to appear;
   4. (4) a particularized description of the books, papers, records, or objects the witness is directed to bring with them to the hearing, if any;
   5. (5) the identity of the party on whose application the subpoena was issued;
   6. (6) the date of issuance;
   7. (7) the signature of one of the members of the Board or the Board's Secretary; and

   8. (8) a "return of service." The "return of service" form, as filled out pursuant to Paragraph (c) of this Rule shall include:

      1. (A) the name and capacity of the person serving the subpoena,
      2. (B) the date on which service was made,
      3. (C) the person on whom service was made,
      4. (D) the manner in which service was made, and
      5. (E) the signature of the person making service.
3. (c) Subpoenas shall be served in a manner as set forth in Rule 45 of the N.C. Rules of Civil Procedure.
4. (d) Any person receiving a subpoena from the Board may object thereto by filing a written objection to the subpoena with the Board's office.
5. (e) Such objection shall include a concise, but complete, statement of reasons why the subpoena should be revoked or modified.
6. (f) Any such objection to a subpoena shall be served on the party who requested the subpoena simultaneously with the filing of the objection with the Board.
7. (g) The party who requested the subpoena, in such time as may be granted by the presiding officer, may file a written response to the objection. The written response shall be served by the requesting party on the objecting witness simultaneously with filing the response with the Board.
8. (h) After receipt of the objection and response thereto, if any, the presiding officer shall issue a notice to the party who requested the subpoena and the party challenging the subpoena, and may notify any other party or parties, of an open hearing, to be scheduled as soon as practicable, at which time evidence and testimony may be presented, limited to the narrow questions raised by the objection and response.
9. (i) After the close of such hearing, the Board shall rule on the challenge and issue a written decision. A copy of the decision shall be issued to all parties and made a part of the record.

History Note: Authority G.S. 83A-6; 150B-38; 150B-39;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. November 1, 2010; May 1, 1989;
Readopted Eff. June 1, 2026; October 1, 2015.