Subpoenas

(A) A subpoena is a document which commands a witness to appear at a given time to give testimony before a court or an administrative proceeding such as a fair hearing. A subpoena can also require the witness to produce specified books, documents, papers or records in his possession or control at the hearing. (B) Right to Subpoena. Any party to a hearing and DOH on its own shall have the right to a subpoena requiring the attendance and testimony of witnesses and the production of any evidence including books, records, correspondence or documents relating to any matter in question at the hearing. Any party may: (1) Have a subpoena issued by a notary public or justice of the peace in the name of DOH; or (2) Apply to DOH in writing for the issuance of a subpoena. A subpoena shall be issued within two business days of receipt of the application. (C) Petition to Vacate Subpoena. Any witness subpoenaed may petition the director of DOH to vacate or modify a subpoena. (1) The Director shall give notice to the party who requested the subpoena notice of such petition orally or in writing. The notice shall include the contents of the petition and shall indicate that the party may oppose the petition orally or, if time permits, in writing to the Director. If time does not permit a party to respond to the request to vacate, the hearing shall be postponed long enough to permit the party to respond to the petition. This procedure shall not be construed to require a hearing or adjudicatory proceeding. 343.360: continued (2) After any investigation the Director considers appropriate, the Director may grant the petition in whole or in part upon a finding that: (a) The testimony or the evidence subpoenaed does not relate with reasonable directness to any matter in question; (b) The subpoena is unreasonable or oppressive; or (c) The subpoena has not been issued a reasonable period in advance of the hearing. Unless the Director finds that at least one of the above conditions exists, the Director shall deny the petition. (D) Failure to Comply with a Subpoena. If any person fails to comply with a properly issued subpoena, DOH (or the party who requested the subpoena) may petition the Superior Court for an order requiring compliance with the subpoena. If the Superior Court issues such an order and any person who is subject to it does not comply with it, he or she will be subject to the contempt powers of the Court.