§ 150B-27. Subpoena. - North Carolina Statutes

§ 150B‑27. Subpoena.

After the commencement of a contested case, subpoenas may be issued andserved in accordance with G.S. 1A‑1, Rule 45.  In addition to the methodsof service in G.S. 1A‑1, Rule 45, a State law enforcement officer mayserve a subpoena on behalf of an agency that is a party to the contested caseby any method by which a sheriff may serve a subpoena under that Rule.  Upon amotion, the administrative law judge may quash a subpoena if, upon a hearing,the administrative law judge finds that the evidence the production of which isrequired does not relate to a matter in issue, the subpoena does not describewith sufficient particularity the evidence the production of which is required,or for any other reason sufficient in law the subpoena may be quashed.

     Witnessfees shall be paid by the party requesting the subpoena to subpoenaed witnessesin accordance with G.S. 7A‑314.  However, State officials or employeeswho are subpoenaed shall not be entitled to witness fees, but they shallreceive their normal salary and they shall not be required to take any annualleave for the witness days.  Travel expenses of State officials or employeeswho are subpoenaed shall be reimbursed as provided in G.S. 138‑6. (1973, c. 1331, s. 1; 1975, 2nd Sess., c. 983, s. 66;1985, c. 746, s. 1; 1987, c. 878, s. 6; 1991, c. 35, s. 3.)