Sec. 14.34.04.12. Subpoenas

A. Issuance of Subpoenas. On request of a party, the Board 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 form shall be made in writing to the Executive Director.

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

(3) A request for a subpoena form 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 form that requests the production of tangible items, books, papers, or other documents shall describe those items with particularity.

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

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) The subpoena may not be enforced pursuant to Education Article, §6-807(b), Annotated Code of Maryland, absent proof of service by certified mail or personal delivery.

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

(4) 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. Return of service shall be made as follows:

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

(2) When service is by personal delivery, by the filing of an affidavit with the Executive Director, 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. An individual may object to a subpoena by filing with the Executive Director a motion to quash or for other relief.

F. Enforcement of Subpoenas. If an individual fails to comply with a properly served subpoena, the Board 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.