1. (a) Any witness summoned by a subpoena issued by the board may petition the board to vacate or modify the subpoena.
2. (b) Promptly upon receipt of a petition under (a) above, the board shall forward a copy of the petition to the party requesting the subpoena by motion.

3. (c) After consideration of the petition and any objection filed by the party requesting the subpoena, the board shall:

   1. (1) Vacate the subpoena upon the determination that:

      1. a. The testimony of the witness summoned or the materials produced in compliance with the subpoena would be:

         1. 1. Privileged; or
         2. 2. Immaterial to the issues presented by the adjudicative proceeding;
      2. b. Compliance with the subpoena would be unreasonably burdensome; or
      3. c. The subpoena is otherwise unreasonable or unlawful; or
   2. (2) Modify the subpoena upon the determination that any deficiencies described in (1) above can be corrected by modifying the subpoena without vacating it.

Source. #8509, eff 12-09-05