Sec. 14.32.02.11. Subpoenas

A. Issuance of Subpoenas. On request of a party, the presiding hearing officer or Executive Director may issue subpoenas. Subpoenas are for the purpose of securing the attendance and testimony of witnesses and the production at the hearing of any tangible items in the possession or under the control of the witness.

B. Requests.

(1) In a hearing before the Board, a request for a subpoena shall be made in writing to the Executive Director.

(2) To the extent practicable, subpoena requests shall be filed at least 10 days before the hearing.

(3) A request for a subpoena shall specify the:

(a) Name and full address of the individual to be subpoenaed; and

(b) Name, full address, and telephone number of the party requesting the subpoena.

(4) A subpoena that requests the production of tangible items, books, papers, or other documents shall describe those items with particularity.

C. Service of Subpoenas.

(1) Subpoenas may be served by:

(a) Personal delivery by an individual 18 years old or older who is not a party to the proceeding or related by blood or marriage to a party to the proceeding; or

(b) Certified mail, return receipt requested, to the individual at the address specified in the subpoena request.

(2) Unless the subpoena request specifies otherwise, the Executive Director shall mail the subpoena by regular mail to the party requesting the subpoena. The party shall serve the subpoena in accordance with §C(1) of this regulation.

(3) The subpoena may not be enforced pursuant to State Government Article, §9-1605(d)(2), Annotated Code of Maryland, absent proof of service by certified mail or personal delivery.

(4) Costs of certified mailing or personal delivery of the subpoena are the responsibility of the person requesting the service.

(5) Proof of service of the subpoena by certified mail or personal delivery is the responsibility of the person requesting the subpoena.

D. Return of service shall be made as follows:

(1) When service is by certified mail, by the filing of the original return receipt; or

(2) When service is by personal delivery, by the filing of an affidavit, signed by the individual who made service, containing:

(a) The name of the individual served;

(b) The date on which the individual was served;

(c) The particular place of service; and

(d) A statement that the server is 18 years old or older and not a party to the proceeding or related by blood or marriage to a party to the proceeding.

E. Objections to Subpoenas. A person may object to a subpoena by filing a motion to quash or for other relief.

F. Enforcement of Subpoenas. If a person fails to comply with a properly served subpoena, the Board or OAH as appropriate may apply to the appropriate circuit court for an order to show cause why an individual should not be sanctioned for refusal to comply with a subpoena.